2012 04 03 SACITY AS SUCCESSOR ACIENCY
TO THE LAQUINTA REPEVELOPMENTACENCY
Agendas and staff reports are
available on the City's web page:
www.la-quinta.org
AGENDA
CITY COUNCIL CHAMBERS
78-495 Calle Tampico
La Quinta, California 92253
Regular Meeting
TUESDAY, APRIL 3, 2012 AT 4:00 P.M.
Beginning Resolution No. SA 2012-004
CALL TO ORDER
ROLL CALL
Successor Agency Members:
Evans, Franklin, Henderson, Osborne and Chairperson Adolph
CLOSED SESSION - NONE
PUBLIC COMMENT
At this time members of the public may address the City Council acting as the legislative
body for the City as Successor Agency to the dissolved La Quinta Redevelopment Agency
on any matter not listed on the agenda. Please complete a "request to speak" form and
limit your comments to three minutes.
CONFIRMATION OF AGENDA
APPROVAL OF MINUTES
1 . APPROVAL OF MINUTES OF MARCH 20, 2012
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
1 APPROVAL OF DEMAND REGISTER DATED APRIL 3, 2012
CITY AS SUCCESSOR AGENCY TO RDA 1 APRIL 3, 2012
2. ADOPTION OF A RESOLUTION APPROVING AN AMENDED RECOGNIZED
OBLIGATION PAYMENT SCHEDULE OF THE FORMER LA QUINTA
REDEVELOPMENT AGENCY,FOR THE PERIOD OF JULY 2012 THROUGH
DECEMBER 2012
3. APPROVAL OF AN AMENDED SCHEDULE OF PERFORMANCE FOR THE
OWNER PARTICIPATION AGREEMENT AMONG THE FORMER LA QUINTA
REDEVELOPMENT AGENCY, MEGA DEALER LLC, AND ROBERT N. LA
TORRE, INC. FOR THE TORRE NISSAN DEALERSHIP LOCATED AT 79-125
HIGHWAY 111
4. APPROVAL OF A SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR
THE PERIOD OF JULY 2012 THROUGH DECEMBER 2012
BUSINESS SESSION - NONE
STUDY SESSION
1 . DISCUSSION OF ITEMS FOR FUTURE OVERSIGHT BOARD CONSIDERATION
ADJOURNMENT
The next regular meeting of the City as Successor Agency to the La Quinta Redevelopment
Agency will be held on April 17, 2012 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. 1
DECLARATION OF POSTING
1, Susan Maysels, Interim City Clerk of the City as Successor Agency to the La Quinta
Redevelopment Agency, do hereby declare that the foregoing agenda was posted on the
outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards
at 51-321 Avenida Bermudas and 78-630 Highway 111, on March 30, 2012.
DATED: March 30, 2012
SUSAN MAYSELS, Inte rn City Clerk
City of La Quinta, California
4 002
CITY AS SUCCESSOR AGENCY TO RDA 2 APRIL 3, 2012
Public Notices
• 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.
CITY AS SUCCESSOR AGENCY TO RDA 3 APRIL 3, 2012 r)
CITY AS SUCCESSOR ACANCY
TO THE LA QUINTA REDEVELOPMENT ACENCY
ADDENDUM TO AGENDA
Regular Meeting
TUESDAY, APRIL 3, 2012 AT 4:00 P.M.
CONSENT CALENDAR
5. ADOPTION OF A RESOLUTION APPROVING AN AMENDED RECOGNIZED
OBLIGATION PAYMENT SCHEDULE OF THE FORMER LA QUINTA
REDEVELOPMENT AGENCY FOR THE PERIOD OF JANUARY 2012 THROUGH
JUNE 2012
NOTICE
The Successor Agency is permitted to discuss and/or take action on this matter at its
regular meeting where the matter was not first described on a duly noticed agenda
because it has determined that there is a need for immediate action which cannot
reasonably wait for the next regularly scheduled meeting. The need for immediate
action came to the attention of the Successor Agency after the agenda had already
been posted. This determination that a need for immediate action is to be made by
two-thirds of the total membership of the Successor Agency §54954.2(b)(2).
DATED: April 3, 2012
S�4� "rLf - -----
Susan Maysels, Interim City Clerk
City of La Quinta, California
.0 004
ir�;! I
COUNCR&EETING DATE: April 3, 2012
ITEM TITLE: Approval of Demand Register Dated
April 3, 2012
9
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
It is recommended the Suc cessor Agency of the La Quinta Redevelopment Agency:
Receive and File the Demand Register Dated
April 3, 2012 of which $22,801.00
Represents Successor Agency Expenditures as detailed below:
Vendor:
Account M
Amount:
Purpose:
Rutan & Tucker
245-9001-703.32-01
$1,140.00
Retainer
Rutan & Tucker
245-9001-703.32-01
$2,418.00
Affordable Housing PA11
Rutan & Tucker
245-9001-703.32-01
$7,149.25
Redevelopment Legislation
R I utan & Tucker
246-9002-703.32-01
$150-50
Miraflores Project
Rutan & Tucker
246-9002-703.32-01
$570.00
Retainer
Rutan & Tucker
246-9002-703.32-01
$1,163.50
Affordable Housing PA2
Rutan & Tucker
246-9002-703.32-01
$7,149.25
Redevelopment Legislation
Rutan & Tucker
405-9001-702.32-01
$1,140.00
Retainer
Rutan & Tucker
406-9002-702.32-01
$570.00
Retainer
005
Rutan & Tucker
406-9002-702.32-01
$107.50
Centre at La Quinta
Rutan & Tucker
406-9002-702.32-01
$1,243.00
MilesMashington
By adoption of Resolution No. 2012-002, the City of La Quinta has affirmatively elected to
be the Successor Agency of the La Quinta Redevelopment Agency. Pursuant to Health
and Safety Code Section 34177(a), the Successor Agency of the La Quinta
Redevelopment Agency shall continue to make payments required pursuant to an adopted
enforceable obligations payment schedule. The payments above are required pursuant to
the enforceable obligations payments schedule adopted by the La Quinta Redevelopment
Agency on January 17, 2012.
Pursuant to Health and Safety Code Seciton 34173(e), the liability of the Successor
Agency of the La Quinta Redevelopment Agency, when acting pursuant to the powers
granted under ABX1 26, are limited to the extent of the total sum of property tax revenues it
receives pursuant to part 1.85 of ABX1 26 (e.g., Health and Safety Code Sections 34170 —
374190) and the value of assets transferred to it as Successor Agency for the dissolved La
Quinta Redevelopment Agency.
Respectfully submitted,
Approved for submission by:
�-�V �-- a�-� -
Mark Weiss, Interim F-xecutive Director
006
Tar 4 4 a"
AGENDA CATEGORY:
COUNCIL&EETING DATE: ADO 3, 2012 BUSINESS SESSION:
ITEM TITLE: Adoption of a Resolution Approving an
Amended Recognized Obligation Payment Schedule of CONSENT CALENDAR:
the Former La Quinta Redevelopment Agency for the STUDY SESSION:
Period of July 2012 through December 2012
I all .13 It ["JI WA 111 laig
RECOMMENDATION:
Adopt a Resolution approving the amended Recognized Obligation Payment
Schedule for the period of July 2012 through December 2012.
FISCAL IMPLICATIONS:
Approval of the amended Recognized Obligation Payment Schedule ("ROPS") will
result in an administrative budget allowance of approximately $391,373 (3% of
total ROPS) if the ROPS and the budget are approved by the Oversight Board.
BACKGROUND AND OVERVIEW:
The Successor Agency approved a Recognized Obligation Payment Schedule for
the period of July 2012 through December 2012 at its March 6, 2012 meeting.
However, based on recent communication from the State Department of Finance
("DOF"), staff has made amendments to the ROPS for this period. The changes
are being recommended by staff to avoid the DOF's threat that the payments to
the City as Successor Agency could be delayed due certain items being included in
the ROPS. The changes include:
Under PA1, the DOF has questioned the enforceability of the agreement with
La Quinta Palms Realty for purchase and rehabilitation of foreclosed homes.
Staff believes this is an enforceable obligation and will leave it on the ROPS
for Oversight Board consideration. However, staff has removed the monthly
007
payments from the schedule as of this point in time pending a determination
on the enforceability of this agreement.
Under PA2, the DOF has questioned the construction of Washington Street
Improvements, given there is no construction contract in place. Staff
contends this is an enforceable obligation, as the former RDA made a written
commitment to the United States Department of Agriculture -Rural
Development (USDA-RD) to complete the improvements. The USDA-RD
noted that their decision to allow the transfer of the property to the former
RDA was based on this commitment. Therefore, staff is leaving the item on
the ROPS, but has removed the monthly payments from the schedule.
Additionally, because the final disposition of housing bond funds is currently
in question, the Washington Street Apartments project has been placed on
hold. Therefore, payments originally listed in the ROPS under a contract
with the Rosenow Spevacek Group for construction and bid document
preparation have been removed from the monthly payment schedule.
The two deeds of trust documents for the Washington Street Apartments are
listed on the ROPS. The payments under the loans are made to Provident
Savings Bank and to USDA - Rural Development. (See items 6 and 7 for
Project Area 2.)
In addition, the ABx1 26 does not recognize agreements between former
redevelopment agencies and their sponsoring cities as enforceable obligations.
Therefore, the agreement between the City of La Quinta and the La Quinta
Redevelopment Agency to cover staff, overhead, and rent has been removed.
These costs will now be covered by the Successor Agency administrative
allowance.
The Coral Mountain Disposition and Development Agreement, listed as item number
4 on the PA 2 ROPS schedule, has been changed. The tax credit lender will likely
require the balance of the (former) La Quinta Redevelopment Agency (now
Successor Agency) loan be deposited into an escrow account. The disbursement is
shown on the ROPS; however, because the funding is from existing housing fund
balance, and is not coming from future property tax disbursements, it has not been
factored into the Successor Agency administrative allowance.
Lastly, while the Owner Participation Agreement is listed on the ROPS, the
payment to Torre Nissan have also been excluded from the total ROPS, as these
are anticipated to be paid with 2011 Project Area No. 2 taxable bond proceeds the
Successor Agency has on -hand, rather than being paid with future property tax
disbursements; therefore, this amount cannot be factored into the Successor
Agency administrative allowance.
008
On April 4, 2012, the Oversight Board will review the ROPS for January -June 2012
and July -December 2012. Staff will report back to the Successor Agency the
outcome of the Oversight Board's review.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Successor Agency include:
1 Adopt a Resolution approving the amended Recognized Obligation Payment
Schedule for the period of July 2012 through December 2012; or
2. Do not adopt a Resolution approving the arnended Recognized Obligation
Payment Schedule for the period of July 2012 through December 2012; or
3. Provide staff with alternative direction.
Respectfully submitted,
Debbie Powell
Economic Development/Housing Manager
Approved for submission by:
Mark Weiss
Interim Executive Director
RESOLUTION NO. SA 2012 -
A RESOLUTION OF THE CITY OF LA QUINTA ACTING
AS THE SUCCESSOR AGENCY TO LA QUINTA
REDEVELOPMENT AGENCY ADOPTING THE AMENDED
RECOGNIZED OBIL IGATION PAYMENT SCHEDULE FOR
THE PERIOD OF JULY 2012 THROUGH DECEMBER 2012
WHEREAS, the City Council of the City of La Quinta ("City Council" or "City,"
as applicable) approved and adopted (i) the Redevelopment Plan for La Quinta Project
Area No. 1 ("Project Area No. 1" or "Project Area No. 1 Redevelopment Plan," as
applicable) on November 29, 1983, by Ordinance No. 43, as amended on December
20, 1994, by Ordinance No. 258, on August 19, 2003, by Ordinance No. 388, and on
March 16, 2004, by Ordinance No. 402; and (ii) the Redevelopment Plan for La Quinta
Redevelopment Project Area No. 2 ("Project Area No. 2' or "Project Area No. 2
Redevelopment Plan," as applicable) on May 16, 1989, by Ordinance No. 139, as
amended on December 20, 1994, by Ordinance No. 259, on February 3, 2004, by
Ordinance No. 399, on March 16, 2004, by Ordinance No. 403, and on March 16,
2004, by Ordinance No. 404; and
WHEREAS, the La Quinta Redevelopment Agency ("Agency") was engaged
in activities to execute and implement the Project Area No. 1 Redevelopment Plan
and the Project Area No. 2 Redevelopment Plan (collectively, the "Redevelopment
Plans") pursuant to the provisions of the California Community Redevelopment Law
(Health and Safety Code § 33000, et seq.) ("CRL"); and
WHEREAS, as part of the 2011-12 State budget bill, the California
Legislature enacted and the Governor signed, companion bill ABx1 26 requiring that
each redevelopment agency be dissolved; and
WHEREAS, an action challenging the constitutionality of ABx1 26 and ABx1
27 was filed in the California Supreme Court by the California Redevelopment
Association, the League of California Cities, and two individual cities; and
WHEREAS, on December 29, 2011, the Court upheld ABx1 26; and
WHEREAS, Health and Safety Code Section 34169 requires successor
agencies to prepare and adopt a "Recognized Obligation Payment Schedule" that
lists all obligations of the former redevelopment agency that are enforceable within
the meaning of subdivision (d) of Section 34167 for the period of July 2012
through December 2012; and
I's 010
Resolution No. SA 2012-
Adoption of Amended Recognized Obligation Payment Schedule
Adopted: April 3, 2012
Page 2
WHEREAS, on March 6, 2012, the City of La Quinta acting as the Successor
Agency to the La Quinta Redevelopment Agency adopted by Resolution Number SA
2012-002 approving a Recognized Obligation Payment Schedule for the period of
July 2012-December 2012; and
WHEREAS, the City of La Quinta acting as the Successor Agency to the La
Quinta Redevelopment Agency wishes to amend the ROPS, which is permitted
under Health & Safety Code Section 34177(a)(1); and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW THEREFORE, BE IT RESOLVED, by the City of La Quinta Acting as the
Successor Agency to the La Quinta Redevelopment Agency, as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Adoption of a Recognized Obligation Payment Schedule. In order to
enable the City of La Quinta as Successor Agency to strictly comply with ABx1 26,
and based on the Recitals set forth above, the Successor Agency hereby adopts
the Schedule attached hereto as Exhibit A as the Amended Recognized Obligation
Payment Schedule for the period of July 2012 through December 2012. Pursuant
to Health & Safety Section 341 73(e), the Successor Agency's liability, including,
but not limited to, its liability for the obligations on the attached schedule is limited
to the total sum of property tax revenues it receives pursuant to Part 1.85 of AB
x1 26.
Section 3. Implementation. The Successor Agency hereby authorizes and directs
the Interim Executive Director to take any action and execute any documents
necessary to implement this Resolution, and further authorizes the Interim
Executive Director to forward the Amended Recognized Obligation Payment
Schedule to the Oversight Board.
Section 4. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Resolution which can be given effect
without the invalid provision or application, and to this end the provisions of this
Resolution are severable. The Successor Agency hereby declares that it would
have adopted this Resolution irrespective of the invalidity of any particular portion
thereof.
..4 Oil
Resolution No. SA 2012-
Adoption of Amended Recognized Obligation Payment Schedule
Adopted: April 3, 2012
Page 3
PASSED, APPROVED, AND ADOPTED at the meeting of the City of La
Quinta Acting as the Successor Agency to the La Quinta Redevelopment Agency
held this 3 d day of April, 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Don Adolph, Mayor
City of La Quinta
Agency to the La
Agency
ATTEST:
SUSAN MAYSELS, Interim Secretary
City of La Quinta Acting as Successor Agency
To the La Quinta Redevelopment Agency
(AGENCY SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, Successor Agency Counsel
City of La Quinta Acting as Successor Agency
To the La Quinta Redevelopment Agency
Acting as Successor
Quinta Redevelopment
.' 4.00( rj�
EXHIBIT A
24
0
2 R
Zg
EO
m
Iwo
0
E §
013
..4
�2
A- =8
M 7t
N2
'o E
0 EQ
lo ow 2
mgn
L
E
g A
Li
w
16
oc
014
�.Qo.
015
2 pq
0
0
tz
. 42
B 0
mo
&..
16
E2
-8 M
R
-M
9 V-8
ts
E
0
—9
19
.2i
F 0
E -ig
fi
z
CS
z
E
. .
E
mm
ID E
E
?
12 E
� 8
"r
2
m
. -T
m <
I'll 016
Cl!
oc�
C4
< Z;l
In
15
CY
M
E
E
12
in
L
32
<
0
E
E
Cr
CIT E
cli
cli
"a 017
cq
Clt
0
rR -2
ja
20 Q
a
w -
fo
WE
13
E 'ji
.5
,g
<
Wi*,j
crt
Lck
cl�
.21
a
12
m
m
m
w
m
m
m
m
m
m
m
m
E E
z M E
-�T M5
C2
-.4 019
C6
0
0
0
E2
cs
0
N
EE
42
22
12
12
jw
r5
t
0
m
0
E
Q m
o
E
0
z
32
0
0
E
2'
02
og
2 <
jig
4 020
I
cNp 4 4 Q"
MEMORANDUM
TO: Honorable Mayor and Members of the Successor Agency
FROM: Mark Weiss, Interim City Manager O�
DATE: April 3, 2012
SUBJECT: Successor Agency Consent Item No. 2
Attached is a revised Recognized Obligation Payment Schedule, which is
Exhibit A to the resolution contained within this agenda item. The ROPS has
been changed to reflect the State Department of Finance's requirement that
each line item must include a total, whether actual or estimated, within the
"Total Outstanding Debt or Obligation" column.
In addition, on page 3, lines 3a, 3b, and 3c related to the Torre Nissan OPA
have been corrected to track estimated payments for the OPA. This reduces
the administrative allowance slightly, by a total of $341.
Thank you.
a 021
0
Lu
0 -a
U: 1;
0
0
ti
E
z
LS
Ct
CL
2 E
Cl)
=0
m
mg
C;i
CZ E
.6 >
C=i
CIE
m.L
C9
406
20 ak
0.
t5
0 E
0 W -2
0
E 0.0
x 0
WE
-M
2�sow
-6
-60 2
v
0
M
m
E
-E
M <
< m
m
CL
0
ci
ig
is
C3
0
E
0
72
.0
E
0
W
E 0
0 12
< E
ED
E 'E
2 E
< 0 8w2
<
0
L
<
mw Mwom
mooO
m mmm
022
Cz
Ci
1=0
m
A2
ui
C3
C�l
Z5 .19
0 06
0
Z;
.0
0
EL
W G
2
.2 E2 C�
E C=T
E
C6
0
Li
C9
E2
12
F E
E -5 > 0
Z
'U
E
>
15
m
0
0
mo E
ig
W 0
E
n
76
—B
Z
w
0
m
E
a E
00
E 0 72
2 2
E 2?
E 12
c
< 0 S E
< . M
< . =
ff
x <
<
J�--
S
<MUMW
023
C6
Z2
Ci
za;
rm
USE
0
0
w 75
w
C:t
Ct
CIF
m
8 zi
12
-43
E
E
15
ts
16
0
*e
C5
t-3
u
12
024
IM
fa
15
15
Clt
cl�
Cli
Cli
I=t
Cli
w
L4
12 S
r Cli
E
E
Ew
E2
w
is
%
C3
10
E!
o
rz
w 0
16
E
ZM
E
V 15 r=
i5
12
w
-e
z
12 1
E2,
w
�,Y.E
12
Ci 08
12
8 E
14 0 w
< M
V
-E ,
12
<
mm cm
WE
iz,
� to 025
Z�;
CR
r E
ca
CY
cy
m
1.5
.0
�14 V m
42
026
0
0
E
li
LIZ
0
cl�
C'!
CD
IM
ID
C=�
C=�
C=t
C3
0 0
E
T
.9
0
m
0
m
m
m
0
0
m
m
m
w
m
E
2 o
o
E E
E
-9
.2
m
mm
M
m
.
0
158
<
if
.2
Im
021
E
2
Lq
15
Z
crk
w
E
1� 15
'Ei
E
42
Cc
72
w w
�E
L
E <
t5
a
La
.2
MO
a
E
E
,6w
C)
E
26
E
c 0 c
0
05
F--
7
1� tz
�, 11 r�
.e 028
M
Tay/ 4 4 a"
AGENDA CATEGORY:
COUNCILQ�MEETING DATE: April 3, 2012 BUSINESS SESSION:
ITEM TITLE: Approval of an Amended Schedule of CONSENT CALENDAR: 3
Performance for the Owner Participation Agreement
Among the former La Quinta Redevelopment Agency, STUDY SESSION:
Mega Dealer, LLC, and Robert N. La Torre, Inc. for the PUBLIC HEARING:
Torre Nissan Dealership Located at, 79-125 Highway
'111
RECOMMENDATION:
Approve an amended schedule of performance for the Owner Participation
Agreement Among the former La Quinta Redevelopment Agency, Mega Dealer,
LLC, and Robert N. La Torre, Inc. for the Torre Nissan Dealership Located at 79-
125 Highway 111.
FISCAL IMPLICATIONS:
None for this action.
BACKGROUND AND OVERVIEW:
On June 14, 2011, the former La Quints Redevelopment Agency ("Agency")
entered into an Owner Participation Agreement ("OPA") with the owners of the
Torre Nissan dealership. With the dissolution of redevelopment, by operation of
law, the OPA has been transferred to the City, as the Successor Agency to the La
Quinta Redevelopment Agency.
The OPA provides for a Successor Agency investment of $1,500,000 to partially
fund building rehabilitation and expansion improvements. The goal is to upgrade
and expand the facility to incorporate the new corporate image required by Nissan
Motor Company's "Nissan Retail Environmental Design (NREDI)" program, and to
accommodate a new line of electric automobiles (the Nissan Leaf) and heavy duty
commercial vehicles.
Torre Nissan has completed the entitlement process to remodel its 15,193 square
foot building and expand it by up to 11,377 square feet. The work is underway;
Torre Nissan has demolished its showroom in preparation for the remodel and is
currently operating in temporary office trailers. They have recently obtained
It 029
building permits for the expansion portion of their improvements.
However, due to various factors, including challenges with obtaining approvals
from Nissan for their improvement plans, and various issues with engineering and
hydrology design, they have fallen behind in the original Schedule of Performance
(included as Attachment 1). The OPA allows the Interim Executive Director
flexibility to modify the schedule within the various items of performance for a
maximum of 180 days; however, the project must be completed and obtain a
Certificate of Occupancy from the City within 12 months from the Effective Date
of the OPA, which would be June 14, 2012. Torre Nissan cannot meet that
schedule; they anticipate completion by the end of August 2012. Therefore, staff
is recommending the Successor Agency approve an amended Schedule of
Performance, with a date to obtain a City Certificate of Occupancy that is 16
months from the Effective Date, which would be October 14, 2012. This should
allow sufficient time for construction delays (Attachment 2).
FINDINGS AND ALTERNATIVES:
The alternatives available to the Successor Agency include:
1 Approve an amended schedule of performance for the Owner Participation
Agreement among the former La Quinta Redevelopment Agency, Mega
Dealer, LLC, and Robert N. La Torre, Inc.. for the Torre Nissan Dealership
Located at 79-125 Highway 111; or
2. Do not approve an amended schedule of performance for the Owner
Participation Agreement; or
3. Provide staff with alternative direction.
Respectfully submitted,
Debbie Powell
Economic Development/Housing Manager
Approved for submission by:
9�
Mark Weiss
Interim Executive Director
Attachments: 1 Original Schedule of Performance 4 030
2. Amended Schedule of Performance
ATTACHMENT I
SCHEDULE OF PERFORMANCE
Item of Performance
Time for Completion
Developer's execution and acknowledgement
Concurrently with Developer's execution of
of the Operating Covenant.
Agreement.
2.
Agency recordation of the Operating
Within five (5) days after Effective Date.
Covenant.
3.
Developer's preparation and submission of
During the week of September 19-23, 2011.
Developer Applications, including a complete
application for a Site Development Permit
(SDPA), which shall include:
• Detailed Site Plans
• Revised Site Plans
• Lighting Plans (photometric)
• "Conceptual" Landscaping Plans
• Preliminary Grading Plans
• "Conceptual" Floor Plans
• "Conceptual" Elevations
4.
Review of Developer Applications by
Agency will use reasonable efforts to cause such
applicable City departments and provision of
review, and to obtain and provide to Developer
any comments to Developer.
any comments, during the week of September 26-
30,2011.
5.
Developer to revise and resubmit (as
During the week of October 10-14, 2011.
necessary to address City comments)
Developer Applications.
6.
Re -review of Developer Applications by
During the week of October 17-21, 2011.
applicable City departments and preparation
of conditions of approval.
7.
Architectural and Landscape Review
Agency will use reasonable efforts to cause such
Committee to review Developer Applications
review and comment, and shall use reasonable
and provide any comment; Agency prepares
efforts to cause City to prepare such report, during
staff report.
I the week of October 17-21, 2011.
031
Item of Performance
Time for Completion
8.
Planning Commission hearing and
During the week of November 7-11, 2011.
consideration of Developer Applications.
9.
Developer's submission of application for
During the week of November 7-11, 2011.
building permits.
10.
Plan check review by applicable City
Agency will use reasonable efforts to cause such
departments and preparation of any
review, and to obtain and provide to Developer
corrections to Developer.
any corrections, during the week of November 14-
18,2011.
11.
Developer to correct and resubmit (as
During the period of November 2 1 -December 2,
necessary to address City comments) plans.
2011.
12.
Developer to submit to Agency proposed list
No later than November 14, 2011.
of Eligible Project Costs
13.
Review of Developer's proposed list of
Within 10 days after Agency's receipt.
Eligible Project Costs by Agency
14.
Developer to revise and resubmit (if
Within 10 days after receipt of Agency comments.
necessary) and obtain Agency approval of list
of Eligible Project Costs
15.
Plan check re -review by applicable City
Agency will use reasonable efforts to cause such
departments; Developer obtains issuance of
re -review and the issuance of building permits (if
building permits (if Developer entitled to
Developer is entitled to issuance) during the week
issuance).
of December 5-December 9, 2011.
16.
Developer constructs Project.
During the period of December 5, 201 I —April 5,
2012.
17.
Developer obtains certificate of occupancy for
During the week of April 5-9, 2012.
Project.
This Schedule of Performance represents the parties' target dates. However, subject to Section
2.4 of the Agreement, this Schedule of Performance may be adjusted by the Agency Executive
Director so long as Developer moves the Project forward and obtains a certificate of occupancy
for the Project by no later than twelve (12) months from the Effective Date. This Schedule of
Performance does not include the time of performance for all obligations arising under the
Agreement; rather this schedule focuses only on the development schedule of the Project. The
parties are referred to the Agreement for the total description of the parties' obligations and times
for performance of matters not identified in this Schedule. The Developer understands that
obligations contained in the Agreement may be conditions precedent to the Agency's obligations
under this schedule.
.. #I " 032
Nothing herein shall be construed to limit the City's legislative authority, which City may
exercise, in City's sole and absolute discretion. In all cases where City action is required,
Agency shall use reasonable efforts to cause City to take such action in the time prescribed
herein.
..4 033
ATTACHMENT 2 ,
TORRE NISSAN
AMENDED SCHEDULE OF PERFORMANCE
Item of Performance
Time for Completion
Developer's execution and acknowledgement
Concurrently with Developer's execution of
of the Operating Covenant.
Agreement.
2.
Agency recordation of the Operating
Within five (5) days after Effective Date.
Covenant.
3.
Developer's preparation and submission of
During the week of September 19-23, 2011.
Developer Applications, including a complete
application for a Site Development Permit
(SDPA), which shall include:
• Detailed Site Plans
• Revised Site Plans
• Lighting Plans (photometric)
• "Conceptual" Landscaping Plans
• Preliminary Grading Plans
• "Conceptual" Floor Plans
• "Conceptual" Elevations
4.
Review of Developer Applications by
Agency will use reasonable efforts to cause such
applicable City departments and provision of
review, and to obtain and provide to Developer
any comments to Developer.
any comments, during the week of September 26-
30,2011.
5.
Developer to revise and resubmit (as
During the week of October 10-14, 2011.
necessary to address City comments)
Developer Applications.
6.
Re -review of Developer Applications by
During the week of October 17-21, 2011.
applicable City departments and preparation
of conditions of approval.
7.
Architectural and Landscape Review
Agency will use reasonable efforts to cause such
Committee to review Developer Applications
review and comment, and shall use reasonable
and provide any comment; Agency prepares
efforts to cause City to prepare such report, during
staff report.
the week of October 17-21, 2011.
., % 034
Item of Performance
Time for Completion
8.
Planning Commission hearing and
During the week of November 7-11, 2011.
consideration of Developer Applications.
9.
Developer's submission of application for
During the week of November 7-11, 2011.
building permits.
10.
Plan check review by applicable City
Agency will use reasonable efforts to cause such
departments and preparation of any
review, and to obtain and provide to Developer
corrections to Developer.
any corrections, during the week of November 14-
18,2011.
11.
Developer to correct and resubmit (as
During the period of November 2 1 -December 2,
necessary to address City comments) plans.
2011.
12.
Developer to submit to Agency proposed list
No later than November 14, 2011.
of Eligible Project Costs
13.
Review of Developer's proposed list of
Within 10 days after Agency's receipt.
Eligible Project Costs by Agency
14.
Developer to revise and resubmit (if
Within 10 days after receipt of Agency comments.
necessary) and obtain Agency approval of list
of Eligible Project Costs
15.
Plan check re -review by applicable City
Agency will use reasonable efforts to cause such
departments; Developer obtains issuance of
re -review and the issuance of building permits (if
building permits (if Developer entitled to
Developer is entitled to issuance) during the week
issuance).
of December 5-December 9, 2011.
16.
Developer constructs Project.
During the period of December 5, 201 I —April 5,
2012.
17.
Developer obtains, certificate of occupancy for
During the week of April 5 9, 2012. During the
Project.
week of October 8, 2012
This Schedule of Performance represents the parties' target dates. However, subject to Section
2.4 of the Agreement, this Schedule of Performance may be adjusted by the Agency Executive
Director so long as Developer moves the Project forward and obtains a certificate of occupancy
for the Project by no later than twelve (12) sixteen (16) months from the Effective Date. This
Schedule of Performance does not include'the time of performance for all obligations arising
under the Agreement; rather this schedule focuses only on the development schedule of the
Project. The parties are referred to the Agreement for the total description of the parties'
obligations and times for performance of matters not identified in this Schedule. The Developer
understands that obligations contained in the Agreement may be conditions precedent to the
Agency's obligations under this schedule.
If 035
Nothing herein shall be construed to limit the City's legislative authority, which City may
exercise, in City's sole and absolute discretion. In all cases where City action is required,
Agency shall use reasonable efforts to cause City to take such action in the time prescribed
herein.
is 036
COUNCItiEDMEETING DATE: April 3, 2012
ITEM TITLE: Approval of a Successor Agency
Administrative Budget for the Period of July 2012
through December 2012
RECOMMENDATION:
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR.
STUDY SESSION:
PUBLIC HEARING:
Approve the Successor Agency Administrative Budget for the period of July 2012
through December 2012.
FISCAL IMPLICATIONS:
Per ABx1 26, the Successor Agency will be reimbursed for administrative costs related
to Successor Agency (SA) and Oversight Board administration.
For the period of July 2012 through December 2012, ABx1 26 provides for an
administrative allowance of 3% of the amount listed on the ROPS covering the same
time period. At this time, the Recognized Obligation Payment Schedule (ROPS) totals
$13,045,750. Three percent of this total is $391,373. However, this total is subject
to change based on review and approval by the Oversight Board and State Department
of Finance (DOF). The administrative budget for this time period is estimated at
$648,197 (Attachment 1).
BACKGROUND AND OVERVIEW:
ABx1 26, the "Dissolution Act," provides an administrative budget for the successor
agencies to carry out wind -down activities of the former redevelopment agencies and
to administer the Oversight Board. The Dissolution Act requires the successor
agencies to prepare an administrative budget every six months.
The estimates include staff time required to carry out Successor Agency and Oversight
Board activities and administration, the cost of IT support, supplies, printing of
agendas and agenda packets, posting, SA insurance, facility rental and associated
facility costs, and certain legal and consulting costs.
of ' 037
Once the successor agency reviews and al
required to be considered and approved by
the Oversight Board's meeting on April 4,
While the Dissolution Act does not require
the DOF, the DOF does review the action
oversight board meeting takes place. Th
could question an oversight board's apprc
budget.
FINDINGS AND ALTERNATIVES:
The alternatives available to the
Approve the Successor Agency A
2012 through December 2012; or
2. Do not approve the Successor AgE
July 2012 through December 201
3. Provide staff with alternative
Respectfully submitted,
Debbie Powell
Economic Development/Housing Manager
Attachment: Administrative
2012
)ves the administrative budget, they are
Oversight Board. This will take place at
12.
ie administrative budgets be submitted to
of the oversight boards the day after the
efore, it could be assumed that the DOF
al of a successor agency's administrative
Agency include:
inistrative Budgets for the period of July
V Administrative Budgets for the period of
or
Approved for submission by:
K I- :� 0-�
Mark Weiss, Interim Executive Director
for July 2012 through December
MoKinall
ATTACHMENT I
SUCCESSOR AGENCY/OVERSIGHT BOARD
JULY-DEC 2012
ADMINISTRATIVE BUDGET
PERSONNEL
$259,647
its
Includes base salary plus benefits.
succesw8gencyrw.m WOW
ca , n
$12.402
$16,902
"act Specific Staff Costs -Tom Nissan
Project Specific Staff Costs -Coral Mountain
SUPPLIES & SERVICES
CONTRACT SERVICES
$241,5
This amount provides for legal, consulting, and audit services
plus a portion of League of California Cities and Calforma
Redevelopment Agency dues related to technical
assistance and tranining for implementation of ABx1 26
rW7 -UlmdbyA§��
Ug 07 ustriormis tansts Dues
'6',f - 3�CR`A'-D'ue',r&rZ-- �--'
$11:000
OZONE
Will
Legal Services for Successor Agency
Legal Servioes�Coraf Mountain
Legal Servioss-Torre Nissan
Consulting Services for Successor Agency
Consulting Services -Torre Nissan
Consulting Servioes-Coral Mountain
$120,01DO
$7,200
$6,000
$66,000
$4,320
$24,000
SUPPLIES AND PUBLICATIONS
$2,100
This account provides for various office supplies and publications
to be used by SA and OB staff and board members
Bill
This amount provides for required mailings, agenda rinting,
and legal advertising
This amount provides for annual replacement charges for
information technology items such as ocimputem, printers,
and computer related items attributable to SAIOB; and
support/hosting for SAIOB web pages, which am required
by ABx1 26
airia'A RMAM)
TOTAL ADMINISTRATIVE BUDGET
$648,197
FUNDING SOURCES:
DMI KS_TMTDeP'ALLGWAKCE
JULY 2012-DECEMBER 2012 ROPS
TOTAL ADMINISTRATIVE BUDGET
"M
$256,824
W411,1117
039
Tw9k 4 4 a"
AGENDA CATEGORY;
COUNCIL��EETING DATE: April 3, 2012 BUSINESS SESSION:
ITEM TITLE: Adoption of a Resolution Approving an CONSENT CALEN
Amended Recognized Obligation Payment Schedule of DAR:
the Former La Quinta Redevelopment Agency for the STUDY SESSION:
Period of January 2012 through June 2012
PUBLIC HEARING:
RECOMMENDATION:
Adopt a Resolution approving the amended Recognized Obligation Payment
Schedule for the period of January 2012 through June 2012.
FISCAL IMPLICATIONS:
Approval of the amended Recognized Obligation Payment Schedule ("ROPS") will
result in an administrative allowance (5% of total ROPS for this period) of
approximately $853,847. This amount is subject to change, pending State
Department of Finance final review of the ROPS.
BACKGROUND AND OVERVIEW:
The Successor Agency initially approved a Recognized Obligation Payment
Schedule for the period of January 2012 through June 2012 at its February 21,
2012 meeting, and approved an amendment on March 20, 2012. The March 20,
2012 version of the ROPS was amended due to certain items being contested by
the State Department of Finance ("DOF"). Staff is working with the DOF regarding
these iterns. r
Staff was informed late afternoon on Friday, March 30th that the DOF has added
several requirements for the ROPS format. Initially, the DOF directed that
payments for January 2012 be removed from the ROPS; now, the DOF wants
January payments to be reflected on the ROPS, or they will not approve the ROPS.
In addition, the DOF is requiring that total obligations be shown for every line item,
including estimates for the total obligation for project -specific items such as staff
time and consulting services. Because staff received the information after the
agenda had been posted, and the ROPS for this period must be submitted to the
1 040
DOF and the County Auditor -Controller by April 15, 2012, staff is adding this item
for action today.
In an effort to include all obligations, in the PA2 schedule, staff added two deeds
of trusts for the Washington Street Apartments; the payments are made to
Provident Savings Bank and USDA -Rural Development.
The payments for the Coral Mountain project in PA 2 have been increased to reflect
the completion of entitlements, the cost of building permits, financing costs, and
the initiation of construction activities.
In addition, the monthly figures for building rent were incorrect on the last ROPS;
the correct figures have been included in this ROPS.
The last page is simply for informational purposes only - it lists the pass -through
payments made by the former La Quinta Redevelopment Agency in January 2012;
from now on, the County Aud itor- Control I er will handle all property tax distribution
payments to taxing agencies.
On April 4, 2012, the Oversight Board will review this ROPS and the ROPS for the
period of July 2012-December 2012. Staff will report back to the Successor
Agency the outcome of the Oversight Board's review.
FINDINGS AND ALTERNATIVES:
The alternatives available to the Successor Agency include:
1 Adopt a Resolution approving the amended Recognized Obligation Payment
Schedule for the period of January 2012 through June 2012; or
2. Do not adopt a Resolution approving the amended Recognized Obligation
Payment Schedule for the period of January 2012 through June 2012; or
3. Provide staff with alternative direction.
Respectfully submitted,
D�
Debbie Pov�ell
Economic Development/Housing Manager
Approved for submission by:
k_ J__ L <Z�1�
Mark Weiss, Interim Executive Director
to 041
RESOLUTION NO. SA 2012 -
A RESOLUTION OF THE CITY OF LA QUINTA ACTING
AS THE SUCCESSOR AGENGY TO LA QUINTA
REDEVELOPMENT AGENCY ADOPTING AN AMENDED
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR
THE PERIOD OF JANUARY 2012 THROUGH JUNE 2012
WHEREAS, the City Council of the City of La Quinta ("City Council" or "City,"
as applicable) approved and adopted (i) the Redevelopment Plan for La Quinta Project
Area No. 1 ("Project Area No. 1 " or "Project Area No. 1 Redevelopment Plan," as
applicable) on November 29, 1983, by Ordinance No. 43, as amended on December
20, 1994, by Ordinance No. 258, on August 19, 2003, by Ordinance No. 388, and on
March 16, 2004, by Ordinance No. 402; and (ii) the Redevelopment Plan for La Quinta
Redevelopment Project Area No. 2 ("Project Area No. 2" or "Project Area No. 2
Redevelopment Plan," as applicable) on May 16, 1989, by Ordinance No. 139, as
amended on December 20, 1994, by Ordinance No. 259, on February 3, 2004, by
Ordinance No. 399, on March 16, 2004, by Ordinance No. 403, and on March 1,6,
2004, by Ordinance No. 404; and
WHEREAS, the La Quinta Redevelopment Agency ("Agency") was engaged
in activities to execute and implement the Project Area No. 1 Redevelopment Plan
and the Project Area No. 2 Redevelopment Plan (collectively, the "Redevelopment
Plans") pursuant to the provisions of the California Community Redevelopment Law
(Health and Safety Code § 33000, at seq.) ("CRL"); and
WHEREAS, as part of the 2011-12 State budget bill, the California
Legislature enacted and the Governor signed, companion bill ABx1 26 requiring that
each redevelopment agency be dissolved; and
WHEREAS, an action challenging the constitutionality of ABx1 26 and ABx1
27 was filed in the California Supreme Court by the California Redevelopment
Association, the League of California Cities, and two individual cities; and
WHEREAS, on December 29, 2011, the Court upheld ABx1 26; and
WHEREAS, Health and Safety Code Section 34169 requires successor
agencies to prepare and adopt a "Recognized Obligation Payment Schedule" that
lists all obligations of the former redevelopment agency that are enforceable within
the meaning of subdivision (d) of Section 34167 for the period of January 2012
through June 2012; and
41 042
Resolution No. SA 2012-
Adoption of Recognized Obligation Payment Schedule
Adopted: April 3, 2012
Page 2
WHEREAS, on March 20, 2012, the City of La Quinta acting as the
Successor Agency to the La Quinta Redevelopment Agency adopted by Resolution
Number SA 2012-003 approving an amended Recognized Obligation Payment
Schedule for the period of January 201 2-June 2012; and
WHEREAS, the City of La Quinta acting as the Successor Agency to the La
Quinta Redevelopment Agency wishes to amend the ROPS, which is permitted
under Health & Safety Code Section 34177(a)(1); and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW THEREFORE, BE IT RESOLVED, by the City of La Quinta Acting as the
Successor Agency to the La Quinta Redevelopment Agency, as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Adoption of a Recognized Obligation Payment Schedule. In order to
enable the City of La Quinta as Successor Agency to strictly comply with ABx1 26,
and based on the Recitals set forth above, the Successor Agency hereby adopts
the Schedule attached hereto as Exhibit A as the Recognized Obligation Payment
Schedule for the period of January 2012 through June 2012. Pursuant to Health &
Safety Section 341 73(e), the Successor Agency's liability, including, but not
limited to, its liability for the obligations on the attached schedule is limited to the
total sum of property tax revenues it receives pursuant to Part 1.85 of AB x1 26.
Section 3. Implementation. , The Successor Agency hereby authorizes and directs
the Interim Executive Director to take any action and execute any documents
necessary to implement this Resolution, and further authorizes the Interim
Executive Director to forward the Recognized Obligation Payment Schedule to the
Oversight Board. The Successor Agency further authorizes and directs the Interim
Executive Director to make any modifications to the Recognized Obligation
Payment Schedule required by the Oversight Board, Department of Finance, and/or
State Controller.
Section 4. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Resolution which can be given effect
without the invalid provision or application, and to this end the provisions of this
Resolution are severable. The Successor Agency hereby declares that it would
have adopted this Resolution irrespective of the invalidity of any particular portion
thereof.
11 1 043
Resolution No. SA 2012-
Adoption of Recognized Obligation Payment Schedule
Adopted: April 3, 2012
Page 3
PASSED, APPROVED, AND ADOPTED at the meeting of the City of La
Quinta Acting as the Successor Agency to the La Quinta Redevelopment Agency
held this 3rd of April, 2012, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Don Adolph, Mayor
City of La Quinta
Agency to the La
Agency
ATTEST:
SUSAN MAYSELS, Interim Secretary
City of La Quinta Acting as Successor Agency
To the La Quinta Redevelopment Agency
(AGENCY SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSON, Successor Agency Counsel
City of La Quinta Acting as Successor Agency
To the La Quinta Redevelopment Agency
Acting as Successor
Quinta Redevelopment
of 044
ul
41
o
G,
06
lb� wo
�5
o
0
Eo
E
L
1
E
E
2
2
pa
2
2
0
0
I m
C5
2
4ff
0
2
E
E
E
m
m
< 2
045
slit
132
A
HIM
T
IM ps
.1 046
S2
zo
zo;
zo;
ZZ
LLJ
Lu
�6
I In
0
—0
1
00
2
12
-2 E
E
E
E
E
E
o 2 a
42
1, E
1 z
1-2
a
0
t E
E
0
.0
E
75
f2
?. 0
E
E
z
z
E
E
V
-n
gn
2
< L
E
Ef
E
E
0
0
0
0
L
�
2
<
<
< �
<
<
<
LIM
LU
VC
:c
a
0 12
21
E
E
E
E
E
2
8 E
3 R <
Z5
Z3
:2 2
65
65
t nn
E
E
E
E
E
<
E
<
-9
'6
S
E
E
E
0 E Z
E
E
Eu -.
� 5 1
� I
2 6
C. E5
cc
W
<
-6 c
w
m
00
0-
Ro
0.
WZ
wz
o -.5 'o
4 00
LLI
oz� w
w
,
z t-
Wo
Q.-
-Z
ow
0.
,,w
o
mm
r:
E 2
E2
S2
z
MM
ME
0
o
0
r
ci
4
E
E
-ci
Ia-
s
A
d
d
Lq
L4
LU
Lu
Lq
w
w
w
w
w
o
Q
63
E G
L
8L
M
Z
a
2
2
4M
o
o
75
'0
m
m
m
m
w
0
<
m
m
m
m
m
m
m
m
A
m
E
m
0
0
o
5
.2
.
.
.
o
.2 .
. .
o
E
ZE
=
=
E
o
E
Am
E
'61
-cc E
E
E
L 1!
—
—
-
—
-
-
m
o
0
<
0 CD 00
0
050
0
z
'2.
00 0
Cc
Lli
2 2
,,1 051
zoo
S2
0
w
w 0
m z
-5
E
-E
f -E
F E
r
E
E
E
E
c E
E
9 ig,
9
.12
-6
Q
0
2
—2
-2
2
19 2
2
r
2
2
z
1 Z, 1:
1 M, :E
I E
z;s
w
f
z E
Z;T
R
052
T-itf 4 4 a"
AGENDA CATEGORY:
COUNCIL�EETING DATE: Aoril 3, 2012 BUSINESS SESSION:
ITEM TITLE: Discussion of Items for Future Oversight
Board Consideration CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Review and discuss agenda items for future Oversight Board ("OB") consideration.
FISCAL IMPLICATIONS:
None for this action.
BACKGROUND AND OVERVIEW:
The purpose of this study session is to review the activities of former
Redevelopment Agency ("RDA") that were in progress when the RDA was
dissolved, and provide an outline of potential items to be discussed with the
Oversight Board ("OB") in the near future.
A. 2011 Redevelopment Agency Actions That Were Pending When the RDA
Was Dissolved and Summary of Planned Actions
(1) A $29,000,000 Disposition and Development Agreement ("DDA) with Coral
Mountain Apartments L.P. (Michael Shoviin and John Durso). The Agency
approved this DDA in January 2011 after years of negotiation. As the Board may
recall, the efforts to utilize this site, formerly owned by the Mazzella family, for
affordable housing date back to the 1990s. The DDA will facilitate the long-term
ground lease of 9.89 acres of vacant property (located west of Costco), and the
investment of up to $29,000,000 of Low- and Moderate -income Housing Funds.
The Successor Agency ("SA") currently has the housing funds available to finance
this $29,000,000 investment. This investment will facilitate the development and
operation of a 176 unit apartment home complex that will be affordable to very
low-, low- and moderate -income family households. The DDA also facilitates the
construction of a secondary access road to Costco, the "A" Street/Dune Palms
053
Road signalized intersection, and the reconfiguration (to ensure safer access) of the
Desert Sands Unified School District's bus yard. Entitlements are in place, and an
application for 4% investment tax credits was submitted to the California Debt
Limit Allocation Committee (CDLAC) on March 16, 2012; 4% tax credits are
assured for this project and would provide $26,000,000 of tax credit equity and
mortgage revenue bond financing. Construction will commence by August 2012.
Planned Actions: The dissolution of the RDA and the uncertainties of the
dissolution legislation have made it extremely problematic to obtain the necessary
title insurance to proceed with the closing of this transaction. For that reason, the
Oversight Board is being asked at its April 4 meeting to confirm that it does not
wish to terminate the DDA.
(2) A $1,471,200 contract with RSG involving the Washington Street Apartments.
This agreement was approved in February 2011; it requires RSG to manage the
design, entitlement, and construction bidding and management processes to
substantially rehabilitate the 73-unit apartment complex, and to construct 24 new
apartment units. All of these units would be rented to extremely low income senior
and special needs households.
Entitlements have been secured and the next phase entails preparing construction
plans and construction bid specifications; however, all work has ceased pending
the disposition of the housing funds and the 2011 Taxable Bond proceeds.
$18,906,474 of the $25,519,447 bond proceeds and Redevelopment Property Tax
Trust Fund/Tax Increment revenue is designated for this development. The
Department of Finance ("DOF") has initially taken the position that the completion
of the Washington Street Apartment project is not an enforceable obligation.
Planned Action: Staff is exchanging correspondence with the DOF and attempting
to establish that the rehabilitation of the units is legally mandated, based on the
application the RDA submitted to the Federal Government in order to purchase the
property. Staff is also monitoring the pending clean-up legislation (AB 1585) that
will allow successor housing agencies to utilize existing housing fund balances and
housing bond proceeds to complete affordable housing projects. If necessary, the
SA staff will ask the OB to confirm that the 2011 housing bond proceeds may be
used for this purpose. The bond indenture specifically states that the purpose of
these proceeds was to fund projects for low and moderate income housing.
(3) A $1,500,000 Owner Participation Agreement V'OPA ") with Torre Nissan. This
OPA was approved in June 201 1.The OPA funds the remodel and expansion of the
Torre Nissan store. The remodeled facility will embrace Nissan Motor Corporation's
new brand image, and will feature expanded showroom and repair facility space to
accommodate Leaf electric vehicles and Nissan Motors' new heavy duty
commercial vehicles. The demolition and reconstruction has already commenced.
!# 054
Entitlements have been secured and Torre Nissan has demolished their showroom.
2011 Project No. 2 Taxable Bond proceeds are pledged to this endeavor.
Planned Action: Due to the uncertainty caused the adoption of AB 1 x 26 after the
OPA was approved, Torre Nissan experienced certain delays and has fallen slightly
behind in carrying out the remodel of its facility. It has requested a slight
adjustment in its schedule of performance. The Successor Agency ("SA") is
schedule to approve that modification at its April 3, 2012 meeting. While it is
unclear under AB 1x26 if the OB must approve the modification, out of an
abundance of caution, staff is requesting the OB to consent to the modification and
to also affirmatively conclude that it will not seek to terminate the OPA. These
items are schedule for the April 4 OB meeting.
(4) A $3,200,000 agreement with La Quinta Palms Realty. This agreement was
approved in F ebruary 2011. Its purpose is to provide for the purc hase and
substantial rehabilitation of up to 30 foreclosed, severely dilapidated single family
homes located in the Cove. La Quinta Palms Realty serves as the Housing
Authority's agent to purchase and manage the rehabilitation of foreclosed, bank
owned homes that are in need of substantial rehabilitation. The rehabilitated
dwellings would be subsequently sold to low and moderate income households.
Planned Actions: The DOF has initially taken the position that the agreement is not
an enforceable obligation. In light of this, the contract is currently on hold. The
SA staff if exchanging correspondence with the DOF on this issue. Staff is also
monitoring the pending clean-up legislation (AB 1585) that will allow successor
housing agencies to utilize existing housing fund balances and housing bond
proceeds to complete affordable housing projects. If necessary, the SA staff will
ask the OB to confirm that the 2011 housing bond proceeds may be used for this
purpose. The bond indenture specifically states that the purpose of these proceeds
was to fund projects for low and moderate income housing.
(5) A $ 1, 100,000 amendment to an existing agreement with Habitat for Humanity.
This agreement was approved in February 2011 for the purpose of constructing
five mutual self-help single family homes in the Cove; this activity would
commence in Fiscal Year 2013/2014 and conclude in Fiscal Year 2017/2018.
Funding would be derived from the Redevelopment Property Tax Trust Fund.
Planned Actions: The activities authorized in this agreement were not going to
commence until Fiscal Year 2013/2014. In light of this, the contract is currently
on hold. Staff is also monitoring the pending clean-up legislation (AB 1585) that
will allow successor housing agencies to utilize existing housing fund balances and
housing bond proceeds to complete affordable housing projects. If necessary, the
SA staff will ask the OB to confirm that the 2011 housing bond proceeds or other
housing funds may be used for this purpose. As stated above, the bond indenture
specifically states that the purpose of these proceeds was to fund projects for low -
and moderate -income housing.
.055
(6) The 2011 Bonds - In 2011, the Agency issued taxable bonds that yielded
$5,193,793 in non -housing proceeds and $25,519,477 in housing proceeds.
Planned Actions: A majority of these bond proceeds remain on deposit with the
trustee. With regard to the housing bonds, staff is also monitoring AB 1585,
which, if passed, will allow successor housing agencies to utilize housing bond
proceeds to complete affordable housing projects. If necessary, the SA staff will
ask the 013 to confirm that the 2011 housing bond proceeds may be utilized for the
housing projects referenced earlier in this report. As stated above, the bond
indenture specifically states that the purpose of these proceeds were to fund
projects for low and moderate income housing. With regard to the non -housing
proceeds, a portion of those bond proceeds will be used to pay the Nissan OPA
debt. As to the remaining proceeds, the SA staff intends to pursue enforcement of
the bond covenant which states that the processed may only be used for the
elimination of blight and other redevelopment purposes in Project Area No. 2.
B. Issues Associated With Various RDA -Funded Properties That Were Never
Owned by the RDA
Several properties were purchased by the City in 2011 using RDA funds. These
properties were never owned by the RDA. Therefore, no action is required to be
taken by the SA at this time to dispose of these properties. It is uncertain whether
the DOF will try to assert that these properties are subject to the clawback
provisions of AB 1 x26. Given that the properties were never held by the Agency
and therefore not transferred from the Agency to the City in the relevant time
frame, the provisions appear to be inapplicable on their face. In the event that the
properties do become subject to the clawback provisions, the SA could ultimately
be directed to dispose of the properties. However, the City would continue to have
land use authority over the properties. The City has already directed staff to
initiate a review of the zoning and General Plan provisions governing the properties.
The properties include the following:
(1) 3.42 acres of property located east of Desert Club and south of Calle Tampico
for $4,211,500 (see Attachment 1).
(2) 4.24 acres of property located north and south of Francis Hack La Quinta
Community Park for $5,287,638 (see Attachment 1).
C. Properties Purchased from Agency By City for Fair Market Value.
In 2011, the City bought properties in two locations from the Agency for what
were assessed as the fair market value established through formal appraisals. The
purchases were as follows:
9.89 acre commercial parcel located north of the Coral Mountain
development, west of Costco and immediately south of Highway 111 for
to 056
$3,445,000. The City received an appraisal in March 2011 and then
purchased this property from the RDA on March 15, 2011 at the appraised
value.
90.76 acre private use parcels located at SilverRock for $4,875,000. The
City received an appraisal in April 2011 and then purchased the property
from the RDA for the appraised value on May 3, 2011.
Because the City paid fair market value for these purchases, it is not likely that the
DOF would wish to unwind the transactions, as that would require the refunding of
the purchase price paid by the City. Therefore, no action needs to be taken with
regard to these transactions at this time.
D. Properties Transferred from Agency to City for Public Use.
The City conveyance of the 243.5 acre public use parcels at SilverRock in
March 2011. The rationale for a zero land value conveyance was that these
properties were purchased with tax exempt bond proceeds and as such, their
use may be limited to public uses, and they are zoned for public golf course,
public park and public facilities (e.g., clubhouse, Ahmanson house and
infrastructure).
E. Audit
Per AB1 x 26, the former RDA's transactions since January 1, 2011 will be audited
by the County Auditor -Controller. This audit will then provide the basis for
subsequent OB and DOF review of all assets, and the basis for the DOF to
determine if some of these transactions should be unwound. These audits must be
complete by July 1, 2012 and submitted to the State Controller by July 15, 2012.
F. Oversight Board Purview
AB1 x 26 establishes an oversight board whose purpose is to review certain actions
. of the SA and oversee the liquidation of redevelopment agency assets. Oversight
board responsibilities that may apply to the SA are summarized below (please see
Section 34181 of the Health and Safety Code for the specific language, which is
presented in Attachment 2):
Dispose of all assets and properties of the former redevelopment agency that
were funded by tax increment revenues of the dissolved redevelopment
agency;
Cease performance in connection with and terminate all agreements that do
not qualify as enforceable obligations;
,% , 057
Terminate any agreement, between the dissolved redevelopment agency and
any public entity located in the same county, that obligated the
redevelopment agency to provide funding for debt service obligations of the
public entity or for the construction, or operations, of facilities owned or
operated by such public entity, in any instance where an oversight board has
found that early termination would be in the interests of the taxing entities.
Determine whether any contracts, agreements, or other arrangements
between the dissolved redevelopment agency and any private parties should
be terminated or renegotiated to reduce liabilities and increase net revenues
to the taxing agencies.
G. Department of Finance Purview
The DOF is charged with the responsibility to review all of the determinations made
by oversight boards. Further, the DOF can reverse what an oversight board has
approved and has the final say on all transactions involving a former redevelopment
agency's assets. The DOF also has the authority to review and reverse all of the
former redevelopment agency's transactions that occurred since January 1, 2011.
H. Future Oversight Board Agenda items. Successor Agency staff is charged
with setting the agendas for Oversight Board meetings. Oversight Board Members
may add items with a majority vote of the total membership. Based on the
discussion above, staff is planning to schedule the following items for OB
consideration:
April 4, 2012:
Approval of Recognized Obligation Payment Schedules for Jan -June 2012
and July -December 2012
Approval of - Successor Agency Administrative Budgets for the same time
periods listed above
* Adoption of a Conflict of Interest Code
Review of the Coral Mountain Project and Authorization to Proceed with the
DDA
Review of the Torre Nissan Project and Authorization to Proceed with the
OPA
Review of Former LQRDA's Debts and Obligations (Per Board Member
Request)
rl 058
April 18, 2012:
* Meeting may be canceled.
May 9, 2012:
* Status of Current Legislation
Authorization to Use Housing Bond Proceeds for Washington Street
Apartments
Authorization to Use Bond Proceeds For Realignment of the All American
Canal through SilverRock
o Overview of Foreclosed Home Program and Habitat for Humanity Program
Future Items:
9 Review of Audit
0 Approval of ROPS and SA Administrative Budgets every six months
Respectfully submitted,
Debbie Powell
Economic Development/Housing Manager
Approved for submission by:
1(\' I— � ---L
Mark Weiss, Interim Executive
Director of the Successor Agency to
La Quinta Redevelopment Agency
Attachments: 1 . Map of Village Properties
2. Health & Safety Code Sections34180 and 34181
.1 059
ATTACHMENT 2
34180. All of the following successor agency actions shall first be
approved by the oversight board:
(a) The establishment of new repayment terms for outstanding loans
where the terms have not been specified prior to the date of this parL
(b) Refunding of outstanding bonds or other debt of the former
redevelopment agency by successor agencies in order to provide for savings
or to finance debt service spikes; provided, however, that no additional debt
is created and debt service is not accelerated.
(c) Setting aside of amounts in reserves as required by indentures, trust
indentures, or similar documents governing the issuance of outstanding
redevelopment agency bonds.
(d) Merging of project areas.
(e) Continuing the acceptance of federal or state grants, or other forms
of financial assistance from either public or private sources, where assistance
is conditioned upon the provision of matching funds, by the successor entity
as successor to the former redevelopment agency, in an amount greater than
5 percent.
(f) (1) If a city, county, or city. and county wishes to retain any properties
or other assets for future redevelopment activities, funded from its own
funds and under its own auspices, it must reach a compensation agreement
with the other taxing entities to provide payments to them in proportion to
their shares of the base property tax, as determined pursuant to Section
34188, for the value of the property retained.
(2) If no other agreement is reached on valuation of the retained assets,
the value will be the fair market value as of the 2011 property tax lien date
as determined by the county assessor.
(g) Establishment of the Recognized Obligation Payment Schedule.
(h) A request by the successor agency to enter into an agreement with
the city, county, or city and county that formed the redevelopment agency
that it is succeeding.
(i) A request by a successor agency or taxing entity to pledge, or to enter
into an agreement for the pledge of, property tax revenues pursuant to
subdivision (b) of Section 34178.
34181. The oversight board shall direct the successor agency to do all
of the following:
(a) Dispose of all assets and properties of the former redevelopment
agency that were funded by tax increment revenues of the dissolved
redevelopment agency; provided, however, that the oversight board may
instead direct the successor agency to transfer ownership of those assets
that were constructed and used for a governmental purpose, such as roads,
school buildings, parks, and fire stations, to the appropriate public
jurisdiction pursuant to any existing agreements relating to the construction
or use of such an asset. Any compensation to be provided to the successor
agency for the transfer of the asset shall be governed by the agreements
relating to the construction or use of that asset. Disposal shall be done
expeditiously and in a manner aimed at maximizing value.
(b) Cease performance in connection with and terminate all existing
agreements that do not qualify as enforceable obligations.
(c) Transfer housing responsibilities and all rights, powers, duties, and
obligations along with any amounts on deposit in the Low and Moderate
Income Housing Fund to the appropriate entity pursuant to Section 34176.
(d) Terminate any agreement, between the dissolved redevelopment
061
agency and any public entity located in the same county, obligating the
redevelopment agency to provide funding for any debt service obligations
of the public entity or for the construction, or operation of facilities owned
or operated by such public entity, in any instance where the oversight board
has found that early termination would be in the best interests of the taxing
entities.
(e) Determine whether any contracts, agreements, or other arrangements
between the dissolved redevelopment agency and any private parties should
be terminated or renegotiated to reduce liabilities and increase net revenues
to the taxing entities, and present proposed termination or amendment
agreements to the oversight board for its approval. The board may approve
any amendments to or early termination of such agreements where it finds
that amendments or early termination would be in the best interests of the
taxing entities.
0 ' 062