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2011 04 05 RDA&0 4 4 adja Redevelopment Agency agendas are available on the City' web page @ www.la-quinta.org REDEVELOPMENT AGENCY AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting TUESDAY, APRIL 5, 2011 3:00 P.M. Closed Session / 4:00 P.M. Open Session Beginning Resolution No. RA 2011- 016 CALL TO ORDER Roll Call: Agency Board Members: Adolph, Evans, Franklin, Sniff, Chairperson Henderson PUBLIC COMMENT At this time, members of the public may address the Redevelopment Agency on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting, the Redevelopment Agency Board may conduct Closed Session discussions during the dinner recess. Persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. CONFERENCE WITH THE AGENCY'S REAL PROPERTY NEGOTIATOR, DOUGLAS R. EVANS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS FOR THE ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED SOUTHEAST OF THE MILES AVENUE AND WASHINGTON STREET INTERSECTION AND NORTH OF THE WHITEWATER CHANNEL (APN 604- Redevelopment Agency Agenda 1 April 5, 2011 0,101 630-027►. PROPERTY OWNER / NEGOTIATOR: CP DEVELOPMENT LA QUINTA, LLC, RICHARD OLIPHANT RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4:00 P.M. PUBLIC COMMENT At this time members of the public may address the Redevelopment Agency on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA APPROVAL OF MINUTES APPROVAL OF MINUTES OF MARCH 15, 2011 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 APRIL 5, 2011 2. APPROVAL OF AN APPROPRIATION FOR CAPITAL PROJECTS FROM THE PROCEEDS OF THE 2011 FINANCING AUTHORITY AND 2011 REDEVELOPMENT AGENCY BOND ISSUES 3. APPROVAL OF AN ASSIGNMENT BETWEEN THE CITY OF LA REDEVELOPMENT AGENCY FOR REVOCABLE LICENSE AGREEMENT QUINTA FARMS. LLC BUSINESS SESSION - NONE STUDY SESSION — NONE AND ASSUMPTION AGREEMENT QUINTA AND THE LA QUINTA THE CONTRACT SERVICES AND BETWEEN THE AGENCY AND LA CHAIR AND BOARD MEMBERS' ITEMS — NONE 0102 Redevelopment Agency Agenda 2 April 5, 2011 PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. 1. PUBLIC HEARING TO CONSIDER A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY ADOPTING THE FISCAL YEAR 2011-2012 THROUGH 2O15-2016 CAPITAL IMPROVEMENT PROGRAM AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) A. RESOLUTION ACTION ADJOURNMENT The next regular meeting of the Redevelopment Agency will be held on April 19, 2011 commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta Redevelopment Agency meeting of April 5, 2011, 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 April 1, 2011. DATED: 31311 2-o11 VERONICA J ON CINO, City Clerk City of La Quinta, California Public Notice Any writings or documents provided to a majority of the Redevelopment Agency regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 0103 Redevelopment Agency Agenda 3 April 5, 2011 a, �444" c7" 5 �GF`tiIOF RDA MEETING DATE: April 5, 2011 ITEM TITLE: Demand Register Dated April 5, 2011 RECOMMENDATION: It is recommended the Redevelopment Agency Board: Receive and File the Demand Register Dated April 5, 2011 of which $3,703,236.34 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR I STUDY SESSION PUBLIC HEARING PLEASE SEE CONSENT CALENDAR ITEM NUMBER 1 ON CITY COUNCIL AGENDA `F'd,r 4 CP4�� `N OF'I'�5�' COUNCIL/RDA MEETING DATE: April 5, 2011 ITEM TITLE: Approval of an Appropriation for Capital Projects From the Proceeds of the 2011 Financing Authority and 2011 Redevelopment Agency Bond Issues *19161hTilILIOe AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: �11- STUDY SESSION: PUBLIC HEARING: Approve an appropriation of $68,475,000 for capital projects from the proceeds of the 2011 Financing Authority and 2011 Redevelopment Agency Bond Issues, subject to the signing of the bond purchase agreements. FISCAL IMPLICATIONS: The 2011 Financing Authority and Redevelopment Agency Bond issues are scheduled to close the first week of April. The following is the estimated net proceeds that will be available along with the requested appropriations: 6nndlssue Taxable Taxable Taxable Taxable Project Area No.1 Project Area No Project Area No Financing Authority Pro'ects Non -housing Non-housin Housin Hou long Subtotal Estimated Net Procaeda $ 27,830,000 $ 4,275,000 $ 11,000,000 It 25,370,000 $ 68475,000 Requested Appropriations SiNerRock Public Infnastruchme Impovements 23,180,853 23,180,853 Fred Wadng Drive RecOnstruction- Washington St to Adams St 2,012,779 2,012,779 Miles Ave RecOnsWction- Adams St to 573,221 573.221 Dune Palms Rd City Entrence Monuments $ Landscape Improvements 1.689,000 1 fi89,o00 SilverRock Entry Feature B Public Roads 4,649,147 4.849,147 Washington Street Apanments 7,611,810 7,611,810 Washington Street Testa Property 11,000,000 4,243.415 15,243415 13,514,775 13,514,775 Dune Palm at Weshvadl Ho A ailments TOWIre uesteda pro natlone1 $ 27830,000 $ 4,275,000 $ 11000000 i $ 25,370,000 $ 68,475000 CHARTER CITY IMPLICATIONS: None. 201=011 1 1 Total 1,216,631 1 1 24,397,484 2,012,T19 573221 1,689.000 393017 5,042,164 10,640.862 18,252,672 15,243,415 - 13.514.n5 0114 BACKGROUND AND OVERVIEW: On February 15, 2011, the Agency authorized the staff to begin the process to issue bonds. There are various factors that go into the size of a bond issue, which ultimately result in the net amount of cash received from the bond proceeds. These factors include the projected tax increment revenue collections, the rating given by Standard & Poor's, the interest rate environment in the municipal bond market, the type of bond issue — tax exempt or taxable, other municipal agencies issuing debt at the same time, and alternative investments for investors to consider. The amount of cash that is estimated to be deposited in the first part of April 2011 is $68,475,000. The actual amount of bond proceeds will not be known until the bond purchase contracts are signed. All Capital Improvement Projects are accounted for in the City Capital Project Fund (Fund 401). This is done to comply with Government Accounting Standards Board (GASB) 34 which requires that the City track capital projects and determine if they should be reported as a fixed asset. The City was an early implementer of GASB 34 in June 30, 2001 and has been using Fund 401 in a similar fashion, even before GASB 34, since the mid 1990's. Within Fund 401, individual project budgets are set up to track the expenditures and the sources of revenue used to pay for the expenditures. Many individual project budgets have more than one funding source to pay for the costs of the project. In all cases, the estimated revenue and appropriation amounts for each individual capital projects must agree which is the case in this report. Once completed, these assets will be reported in the Comprehensive Annual Financial Report (CAFR). The CAFR reports the financial activity of the City, the La Quinta Redevelopment Agency, the La Quinta Housing Authority and the La Quinta Financing Authority. FINDINGS AND ALTERNATIVES: The alternatives available to the Redevelopment Agency include: 1. Approve an appropriation of $68,475,000 for capital projects from the proceeds of the 2011 Financing Authority and 2011 Redevelopment Agency Bond Issues, subject to the signing of the bond purchase agreements; or pl15 2. Do not approve an appropriation of $68,475,000 for capital projects from the proceeds of the 2011 Financing Authority and 2011 Redevelopment Agency Bond Issues, subject to the signing of the bond purchase agreements; or 3. Provide staff with alternative direction. Respectfully submitted, A&rt+aaw,--- '- John M. Falconer, Finance Director Approved for submission by: Thomas P. Genovese, Executive Director 0?16 T4ht 4 ZP Qum rry COUNCILIRDA MEETING DATE: April 5, 2011 ITEM TITLE: Approval of an Assignment and Assumption Agreement Between the City of La Quinta and the La Quinta Redevelopment Agency for the Contract Services and Revocable License Agreement between the Agency and La Quinta Farms, LLC RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Approve an Assignment and Assumption Agreement between the City of La Quinta and the La Quinta Redevelopment Agency for the Contract Services and Revocable License Agreement between the Agency and La Quinta Farm, LLC, and authorize the Executive Director to execute the same (Attachment 1). FISCAL IMPLICATIONS: None for this action. BACKGROUND AND OVERVIEW: On August 4, 2009, the La Quinta Redevelopment Agency entered into a Contract Services and Revocable License Agreement (the "Agreement") with Precision Landleveling, Inc. to manage and maintain the entire 290 acres of undeveloped property at SilverRock Resort for PM10 purposes. Precision Landleveling, Inc. was provided a revocable license to farm up to 50 acres of property, at no cost to the City, to grow and sell fruits and vegetables. This operation would be separate from the management of the undeveloped property, as indicated in the Agreement. The Agreement provides flexibility for the farming portion to be relocated on the undeveloped property, if necessary. On July 8, 2010, an Assignment and Assumption Agreement and Consent was approved to allow La Quinta Farms, LLC to assume all of the rights and obligations of Precision Landleveling, Inc. under the Agreement. In light of the Governor's proposal to eliminate redevelopment agencies by July 1, 2011, La Quinta Redevelopment Agency transferred the Agency's property at SilverRock to the City on March 4, 2011. Since the property has been transferred, the rights and obligations of the Agency under the Agreement should similarly be transferred. The attached Assignment effectuates the transfer. FINDINGS AND ALTERNATIVES: Alternatives available to the Agency Board include: 1. Approve an Assignment and Assumption Agreement between the City of La Quinta and the La Quinta Redevelopment Agency for the Contract Services and Revocable License Agreement between the Agency and La Quinta Farms, LLC, and authorize the Executive Director to execute the same; or 2. Do not approve an Assignment and Assumption Agreement between the City of La Quinta and the La Quinta Redevelopment Agency for the Contract Services and Revocable License Agreement between the Agency and La Quinta Farms, LLC; or 3. Provide staff with alternative direction. Respectfully submitted, - , iz L Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, Executive Director Attachment: 1. Assignment and Assumption Agreement ATTACHMENT 1 ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assignment") is entered into by and between LA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Assignor"), and CITY OF LA QUINTA, a California municipal corporation and charter city ("Assignee"), as of this _ day of April, 2011, with reference to the following facts: A. Assignor and Precision Landleveling Inc, a California corporation ("Precision"), entered into that certain Contract Services and Revocable License Agreement dated on or about August 4, 2009, pertaining to, among other things, the management and maintenance of the SilverRock Resort property (the "Agreement"). B. On or about July 8, 2010, Precision assigned all of its rights and obligations under the Agreement to La Quinta Farms, LLC, a California limited liability company. C. On or about March 4, 2011, Assignor transferred all of its interests in the SilverRock Resort property to Assignee. D. Assignor now desires to assign and transfer to Assignee, and Assignee desires to accept from Assignor, all of Assignor's right, title and interest in and to the Agreement. NOW THEREFORE, Assignor and Assignee agree as follows: 1. Assignment. Assignor hereby assigns, conveys, transfers and delivers to Assignee all of Assignor's right, title, and interest in and to the Agreement, and Assignee hereby accepts such assignment and agrees to assume performance of all terms, covenants and conditions occurring or arising under the Agreement as of the date of this Assignment. 2. Assumption of Obligations. By acceptance of this Assignment, Assignee hereby agrees to assume all of Assignor's right, title, and interest in and to the Agreement, and Assignee agrees to timely discharge, perform or cause to be performed and to be bound by all of the liabilities, duties and obligations imposed in connection with the Agreement from and after the date of this Assignment to the same extent as if Assignee had been the original party thereto. 3. Further Assurances. Each party hereto hereby agrees to execute any additional documents, and take any further actions necessary to effect or evidence the assignment and assumption set forth in Section 1 and Section 2 above. 882/015610-0002 _ o 1165172.01 a03129111 _ 1 4. Miscellaneous. This Assignment shall be binding on and inure to the benefit of the parties and their respective successors and assigns. The paragraph headings of this Assignment are for convenient reference only and shall not be used in interpreting this Assignment. 5. California Law. This Assignment shall be governed by and interpreted in accordance with the internal laws of the State of California, without regard to conflict of law principles. 882015610 0002 _ 1165172.01 a03/29/11 —� 0120 IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of the date and year first above written. "Assignor" LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic in ATTEST: Thomas P. Genovese, Executive Director Veronica J. Montecino, CMC Secretary, La Quinta Redevelopment Agency APPROVED AS TO FORM: M. Katherine Jenson, Agency Counsel La Quinta Redevelopment Agency "Assignee" CITY OF LA QUINTA, a California municipal corporation and charter city M ATTEST: Veronica J. Montecino, CMC City Clerk APPROVED AS TO FORM: Thomas P. Genovese, City Manager M. Katherine Jenson City Attorney 892,015610-0002 1165172.01 a0329/11 'a T-itY 4 4 a" AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: April 5, 2011 BUSINESS SESSION: _ ITEM TITLE: Public Hearing to Consider a Resolution Adopting the Fiscal Year 201 1-2012 Through 2015- CONSENT CALENDAR: 2016 Capital Improvement Program and Making Certain STUDY SESSION: Findings Pursuant to Health and Safety Code Section 33445(a) PUBLIC HEARING: ' RECOMMENDATION: Conduct a public hearing pursuant to Health and Safety Code Section 33679 and adopt a Resolution of the La Quinta Redevelopment Agency approving the expenditure of funds for improvements set forth in the Fiscal Year 201 1-2012 through 2015-2016 Capital Improvement Program (CIP), making certain findings pursuant to Health and Safety Code Section 33445(a) with respect to such expenditures, and authorizing the use of La Quinta Redevelopment Agency (RDA) funding for the improvements identified in the CIP. FISCAL IMPLICATIONS: Adoption of the Resolution makes certain findings regarding the projects identified in the Fiscal Year 201 1-2012 through 2015-2016 CIP. The findings relate to the use of Redevelopment Agency Project Area No. 1 funds for improvements within or contiguous to Project Area No. 1 and to use Project Area No. 2 funds for projects within or contiguous to Project Area No. 2. The first year of the five-year forecast, or capital budget, will be included in the City's annual operating budget. When the City Council approves the annual operating budget for Fiscal Year 2011-2012, it will also authorize the expenditure of $65,526,489 for Fiscal Year 2011-2012 capital project expenditures. 0)22 The projects proposed to receive Redevelopment Agency funding during Fiscal Year 2011-2012 will be directly impacted if the State chooses to abolish Redevelopment Agencies. CHARTER CITY IMPLICATIONS: RDA funding is proposed to be used on several of the projects identified within the Capital Improvement Plan. These projects will be subject to State prevailing wage requirements. BACKGROUND AND OVERVIEW: On March 15, 2010, staff presented the draft Fiscal Year 2011-2012 through Fiscal Year 2015-2016 CIP to the City Council for review and discussion during the Study Session. Following discussion, it was the consensus of the City Council that the CIP be addressed during a public hearing on April 5, 2011. During the Study Session, staff presented several RDA Project Area funded projects for Council's consideration that were not included in the discussion draft. The projects included: Fred Waring Drive Reconstruction (Washington Street to Adams) Miles Avenue Reconstruction (Adams Street to Dune Palms Road) City Entrance Monuments & Landscape Improvements Dune Palms Road at Westward Ho Apartments Washington Street Senior Housing (Testa) Washington Street Apartments Rehabilitation Each of these projects and their associated costs are included within the CIP and scheduled to receive funding during Fiscal Year 2011-2012. Because the last two projects (e.g., those located on Washington Street) involve the RDA funding the construction of publicly owned buildings, California Health and Safety Code Section 33679 requires that the City Council hold a public hearing on the proposed RDA funding for those projects, and that the RDA prepare a summary report that (i) estimates the amount of RDA tax increment required for those projects, (ii) sets forth the facts supporting the findings required to be made pursuant to Health and Safety Code Section 33445(a) for those projects, and (iii) sets forth the redevelopment purpose of the proposed funding for those projects. The summary report, a copy of which is attached to this report as Attachment 1, has been prepared by staff and has been made available for public review and inspection. ' 0??3 FINDINGS AND ALTERNATIVES: The alternatives available to the Agency include: 1. Conduct a public hearing pursuant to Health and Safety Code Section 33679 and adopt a Resolution of the La Quinta Redevelopment Agency approving the expenditure of funds for improvements set forth in the Fiscal Year 201 1-2012 through 2015-2016 Capital Improvement Program (CIP),d making certain findings pursuant to Health and Safety Code Section 33445(a) with respect to such expenditures, and authorizing the use of La Quinta Redevelopment Agency (RDA) funding for the improvements identified in the CIP; or 2. Conduct a public hearing pursuant to Health and Safety Code Section 33679 and do not adopt a Resolution of the La Quinta Redevelopment Agency approving the expenditure of funds for improvements set forth in the Fiscal Year 2011-2012 through 2015-2016 Capital Improvement Program (CIP) and making certain findings pursuant to Health and Safety Code Section 33445(a) with respect to such expenditures, and do not authorize the use of La Quinta Redevelopment Agency (RDA) funding for the improvements identified in the CIP; or 3. Provide staff with alternative direction. Respectfully submitted, thy R,,[.1 . ,}7 �� .�. Attachment: 1. Summary Report Approved for submission by: Thomas P. Genovese, Executive Director 0324 RESOLUTION NO. RA 2011- A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY APPROVING THE EXPENDITURE OF FUNDS FOR CERTAIN IMPROVEMENTS SET FORTH IN THE FISCAL YEAR 2011-2012 THROUGH 2O15-2016 CAPITAL IMPROVEMENT PLAN AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) WITH RESPECT TO SUCH EXPENDITURES WHEREAS, pursuant to Government Code Section 66002, the City of La Quinta ("City") is required to review and adopt a Capital Improvement Plan (the "Plan"); and WHEREAS, the Redevelopment Agency is required to conduct a noticed public hearing for consideration and adoption of the Plan; and WHEREAS, notice of the public hearing has been given pursuant to Government Code Section 65090; and WHEREAS, the Plan is a five-year planning instrument used by the Redevelopment Agency to identify capital improvement needs and to coordinate financing and timing of those needs in a manner that maximizes the return to the public; and WHEREAS, the Plan is a statement of the Redevelopment Agency's goals, objectives and priorities for a five-year Plan and the financial commitments required to accomplish those objectives; and WHEREAS, the Fiscal Year 2011-2012 through 2015-2016 Plan proposes approximately $123,389,158 in improvement projects and $138,220,579 of unfunded additional improvement projects over the five-year period, commencing on July 1, 2011 and ending June 30, 2016; and WHEREAS, the amount allocated from the Plan for first -year projects, called the "Capital Budget," proposes $65,526,489 in improvements, as shown in Exhibit 1, which is attached hereto and made a part of this Resolution; and WHEREAS, there is inadequate funding within the City's General Fund or . from other sources to completely and fully fund the improvements identified within the Capital Budget; and 0125 Resolution No. RA 2011- Capital Improvement Plan Adopted: April 5, 2011 Page 2 WHEREAS, the completion of the improvements identified within the Capital Budget that are located inside La Quinta Redevelopment Project Area No. 1 ("Project Area No. 1"), which are identified on Exhibit 1 as funded by "PA #1" (the "Project Area No. 1 Improvements"), will help to obtain the goals and objectives of Project Area No. 1 as well as to afford an opportunity to eliminate conditions of blight in Project Area No. 1; and WHEREAS, the completion of the improvements identified within the Capital Budget that are located inside La Quinta Redevelopment Project Area No. 2 ("Project Area No. 2"), which are identified on Exhibit 1 as funded by "PA #2" (the "Project Area No. 2 Improvements"), will help to obtain the goals and objectives of Project Area No. 2 as well as to afford an opportunity to eliminate conditions of blight in Project Area No. 2; and WHEREAS, with the legislative body's consent and the satisfaction of certain specified requirements set forth in Health and Safety Code Section 33445, the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) (the "CRU) authorizes redevelopment agencies to expend tax increment funds to acquire real property for, and to fund the cost of the installation and construction of, publicly owned buildings, facilities, and improvements; and WHEREAS, certain of the Project Area No. 2 Improvements involve construction of new publicly owned affordable housing buildings (the "Washington Street Work"); and WHEREAS, Health & Safety Code Section 33679 requires that before a redevelopment agency can expend tax increment funds to fund the cost of the installation and construction of publicly owned buildings the agency must prepare a Summary Report to consider the agency's proposed payment for such installation and construction, that the agency's board of directors and the legislative body conduct a noticed joint public hearing with respect to the proposed payment, and that the approval of the proposed payment be accompanied by certain findings and determinations; and WHEREAS, a Summary Report for the Washington Street Work has been prepared and the joint public hearing has been conducted in accordance with applicable requirements of law; and WHEREAS, the Agency Board of Directors has considered all the information and evidence set forth in the Summary Report and presented by persons wishing to appear and be heard concerning the impact of the Washington Street Work on Project Area No. 2 and the City as a whole; and 0326 Resolution No. RA 2011- Capital Improvement Plan Adopted: April 5, 2011 Page 3 WHEREAS, the Washington Street Work and all of the other Project Area No. 2 Improvements are in accordance with the Redevelopment Plan for Project Area No. 2 and are of benefit to Project Area No. 2 and the City of La Quinta; and WHEREAS, the Project Area No. 1 Redevelopment Plan for Project Area No. and the City of La Quinta; and Improvements are in accordance with the 1 and are of benefit to Project Area No. 1 WHEREAS, all action required of the Agency to be taken precedent to review and consideration of the Washington Street Work and all of the other Project Area No. 2 Improvements, and the Project Area No. 1 Improvements by the Agency have been taken in accordance with applicable law. NOW THEREFORE, BE IT RESOLVED, by the La Quinta Redevelopment Agency, as follows: SECTION 1. The above recitations are true and correct. SECTION 2. Pursuant to Health and Safety Code Section 33445(a), the Agency finds and determines that: A. The Project Area No. 1 Improvements are of benefit to Project Area No. 1, by helping to eliminate blight within Project Area No. 1, in that the Project Area No. 1 Improvements consist of public infrastructure improvements, and the Redevelopment Plan for Project Area No. 1 provides for the elimination, and prevention of the spread, of blight and blighting influences through the installation, construction, or re- construction of streets, utilities, and other public facilities and improvements. B. The Project Area No. 2 Improvements (other than the Washington Street Work, which is addressed in Paragraph C below) are of benefit to Project Area No. 2, by helping to eliminate blight within Project Area No. 2, in that the Project Area No. 2 Improvements (other than the Washington Street Work, which is addressed in Paragraph C below) consist of public infrastructure improvements and one property acquisition, and the Redevelopment Plan for Project Area No. 2 provides for the elimination, and prevention of the spread, of blighting influences through the installation, construction, reconstruction, redesign, or reuse of streets, utilities, curbs, gutters, sidewalks, traffic control devices, flood control facilities and other public improvements, and also provides for property acquisition as a means of eliminating and preventing the spread of blighting influences. 0)27 Resolution No. RA 2011- Capital Improvement Plan Adopted: April 5, 2011 Page 4 C. The Washington Street Work is of benefit to Project Area No. 2, by providing housing for low- or moderate -income persons, in that the Washington Street Work consists of the construction of additional affordable housing units and necessary on- and off -site improvements. D. No other reasonable means of financing the Project Area No. 1 Improvements or the Project Area No. 2 Improvements are available to the community, for the following reasons: (i) City monies are dedicated to critical police, fire, and other necessary expenditures, including other capital improvement projects; (ii) the only practical means of paying for the Project Area No. 1 Improvements and the Project Area No. 2 Improvements is to use Agency funding; (iii) without Agency funding for the Project Area No. 1 Improvements and the Project Area No. 2 Improvements the Project Area No. 1 Improvements and the Project Area No. 2 Improvements would not be completed, all to the detriment of Project Area No. 1 and Project Area No. 2. E. The Project Area No. 1 Improvements and the Project Area No. 2 Improvements are consistent with the Agency's implementation plan adopted pursuant to Health and Safety Code Section 33490 (the "Implementation Plan"), in that improving public infrastructure and facilities within Project Area No. 1 and Project Area No. 2 are goals set forth in the Implementation Plan, and acquiring the Village Area Land described in Exhibit 1 and performing the Washington Street Work are proposed projects set forth in the Implementation Plan. SECTION 3. The Agency's expenditure for the Project Area 1 Improvements and the Project Area No. 2 Improvements is necessary to effectuate the purposes of the Redevelopment Plans for Project Area No. 1 and Project Area No. 2 and is in the best interests of the City of La Quinta. SECTION 4. The Capital Budget is hereby included in the Agency's Fiscal Year 2011-2012 operating budget, which appropriates funds for specific facilities, equipment and improvements, and the Agency hereby approves the Agency's funding of the Project Area No. 1 Improvements and the Project Area No. 2 Improvements. 0)28 Resolution No. RA 2011- Capital Improvement Plan Adopted: April 5, 2011 Page 5 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held on this 5th day of April 2011, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: VERONICA J. MONTECINO, CIVIC, Secretary La Quinta Redevelopment Agency (Seal) APPROVED AS TO FORM: M. KATHERINE JENSON, Agency Counsel La Quinta Redevelopment Agency TERRY HENDERSON, Chairperson La Quinta Redevelopment Agency 0329 ATTACHMENTI SUMMARY REPORT FOR THE EXPENDITURE OF TAX INCREMENT REVENUE BY THE LA QUINTA REDEVELOPMENT ON THE WASHINGTON STREET APARTMENT REHABILITATION PROJECT PURSUANT TO HEALTH & SAFETY CODE SECTIONS 33445 AND 33679 The La Quinta Redevelopment Agency ("Agency') is the redevelopment agency activated by the City Council of the City of La Quinta ("City' or "City Council" as appropriate) pursuant to the California Community Redevelopment Law (Health & Safety Code § 33000 et seq.). The Agency and City Council have scheduled a joint public hearing for April 5, 2011 to consider the Agency's use of up to $7,611,810 of proceeds from the 2011 Series 'A' La Quinta Financing Authority Local Agency Taxable Bonds and $3,362,058 of proceeds from the 2004 Low & Moderate Income Housing Bond Proceeds; and $7,278,804 from Project Area 2 Low & Moderate Tax Income Tax Increment Fund, for a total of $18,252,672, to fund the construction of 24 new affordable units, a commons building, two units to house an on -site management and maintenance personnel, the substantial rehabilitation of 72 units affordable to very low and low income seniors and special needs residents, construction of a sound wall, and to pay off an existing loan with Provident Bank. Debt service payments for these bonds are funded by La Quinta Redevelopment Project No. 2 housing tax increment revenue. All of these facilities will be subsequently owned by the La Quinta Housing Authority. Pursuant to Health and Safety Code Sections 33445 and 33679, whenever the Agency proposes to use tax increment funds to acquire land and/or to pay for the construction or installation of a publicly owned building, the Agency and City Council must hold a public hearing on the use of the tax increment funds for that purpose. At the conclusion of the public hearing, the Agency and City Council may adopt resolutions approving the use of Agency tax increment funds for that purpose. Prior to the public hearing, Health and Safety Code Section 33679 requires that the Agency prepare a summary report that: • Estimates the amount of tax increment revenue proposed to be used to acquire land and pay for the construction of any publicly owned building, including interest payments. • Provides an explanation of how the acquisition of land or the installation or construction of the publicly owned buildings, facilities, structures, or other improvements are of benefit to the project area by helping to eliminate blight within the project area or providing housing for low- or moderate -income persons. • Provides an explanation as to why no other reasonable means of financing the installation or construction of the publicly owned buildings, facilities, structures, or other improvements are available to the community. • Describes how the expenditure of tax increment revenue for the acquisition of land or the cost of buildings, facilities, structures, or other improvements is consistent with the implementation plan adopted pursuant to Section 33490. 0330 Describes the redevelopment purpose for which the tax increment revenue is being used to pay for the land and construction of the publicly owned building. BACKGROUND In October 2008, the La Quinta Redevelopment Agency purchased the Washington Street Apartments, a 72-unit senior and special needs affordable housing complex on approximately 6.39 acres. The units were built in 1980, and are in need of substantial rehabilitation. An existing manager's unit and commons building will be demolished and replaced as part of the rehabilitation. In addition, there is an existing block wall that separates the property from Washington Street, a major north -south arterial that connects the City of La Quinta to the 110 freeway. Preliminary noise readings show that the wall does not attenuate the noise level to City of La Quinta Noise Standards; therefore, a sound wall will be designed and constructed as part of this project. The project will be completed in two phases. These include: • Phase 1 — Design and construction of a sound wall along the property's western boundary (Washington Street); design and construction of 24 new one -bedroom units. Phase 2 — Rehabilitation of the existing 72 units. Residents will be temporarily relocated to the new one -bedroom units, 24 households at a time. The vacated 24 units will be rehabilitated, and the residents will be moved back into their units. This process will occur three times, until all 72 units have been rehabilitated. SUMMARY REPORT ITEMS Estimates of the amount of tax increment revenue proposed to be used pay for the construction of any publicly owned building, including interest payments. The total estimated cost to construct these publicly -owned facilities is $18,252,672, not including interest expense. The estimated design and construction costs are as follows: Engineering 698,000 Construction 13,646,238 Professional 773,200 Contingency 1,435,234 Loan Payoff 1,700,000 Total 18,252,672 It is estimated that total interest costs for the Series 2011 and 2004 Bond proceeds used to fund these improvements will be $12,576,125, for a total estimated cost of $30,828,797. An explanation of how the acquisition of land or the installation or construction of the publicly owned buildings, facilities, structures, or other improvements are of benefit to the project area by helping to eliminate blight within the project area or providing housing for low- or moderate -income persons. 0:131 These publicly -owned buildings and facilities will be located in La Quinta Redevelopment Project Area No. 2 which was established in May 1989. A condition cited for establishing the Project Area was to increase and improve the community's supply of affordable housing. At that time, there was a lack of quality affordable housing in the Project Area. The rehabilitation of the existing Washington Street Apartment units and the addition of 24 new units will address this condition. The rehabilitation of the aging units will improve the surrounding neighborhood, and increase property values. An explanation as to why no other reasonable means of financing the buildings, facilities, structures, or other improvements, are available to the community. In light of the current economic situation in the nation, State, and locally, the continuing reallocation of City and Agency funds to resolve the State budget deficit, and existing City funding obligations towards police, fire, other public safety, recreation, administrative, operations and maintenance purposes, the City does not have the capacity to fund these improvements without the use of Project No. 2 tax increment revenue. A description as to how the expenditure of tax increment revenue for the acquisition of land or the cost of buildings, facilities, structures, or other improvements is consistent with the implementation plan adopted pursuant to Section 33490. This project is listed under the Housing Program component of the Agency's Implementation Plan as amended on January 19, 2010, pursuant to Section 33490. Describe the redevelopment purpose for which the tax increment revenue is being used to pay for the land and construction of such publicly owned building. The Redevelopment Plan for Project No. 2 identifies the goal of promoting rehabilitation of existing housing stock; and increasing, improving, and preserving the supply of housing affordable to very low, low and moderate income households. Using tax increment revenue to fund the rehabilitation and new construction of Washington Street Apartments will implement the goal contained in the Redevelopment Plan by providing rehabilitated and new housing stock affordable to very low and low income seniors and special needs residents. This summary report has been prepared in compliance with Health and Safety Code Section 33679. A photocopy may be obtained from the Agency Secretary/City Clerk by paying the usual photocopy fee regularly charged by the Agency and City. 0132 p:F 0"33