1994 06 28 RDA MinutesP LA QUINTA CITY COUNCIL
LA QUINTA REDEVELOPMENT AGENCY
MINUTES
JUNE 28? 1994
Special joint meeting of the La Quinta City Council and the La Quinta Redevelopment Agency
was called to order at the hour of 12:00 Noon.
PRESENT: Council Members Bangerter 12:02 P.M.), Perkins, Sniff, Mayor Pena
ABSENT: Council Member McCartney
MOTION It was moved by Council Members Sniff/Perkins to excuse Council Members
Bangerter and McCartney. Motion carried unanimously.
CONFIRMATION OF AGENDA Confirmed
PUBLIC COMMENT None
Council Member Bangerter joined the meeting at this time.
BUSINESS SESSION None
PUBLIC HEARINGS
1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA
APPROVING AND AUTHORIZING THE EXECUTION OF THE DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LA QUINTA
REDEVELOPMENT AGENCY AND E. G. WILLIAMS DEVELOPMENT
CORPORATION AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH.
Mr. Herman, Planning Director, advised that the summary report and the draft
Disposition and Development Agreement have been available for inspection at the
Planning & Development counter for the past two weeks. Additionally, a notice of
public hearing was published consecutively for two weeks. A sign-up sheet was
provided, but no one came in to review the report or the DDA.
Frank Spevacek, representing Rosenow, Specevek Group, this meeting culminates 18-
months of effort to define a project, locate a site, negotiate with Williams Development
and Desert Sands Unified School District and bring forward the Disposition and
Development Agreement that provides for the project's implementation. The project
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itself is part of a larger 35.23 acre site located just north of the Civic Center upon which
the DDA would implement the construction of 62 single-family dwellings, 91 multi-
family/senior citizens rental dwellings, a 5-acre detention basin/park, and 10 acres to be
sold to Desert Sands Unified School District for the construction of an approximately 650
student elementary school. The project itself will cause the construction of the residential
Units as well as the detention basin and provides a total of $4.5 million in Agency low-
moderate income housing assistance to cause its implementation. Of that $4.5 million,
$877,000 is the value of the property that will be conveyed to Williams Development for
the construction of the improvements and an additional $3.6 million that will be provided
to fund, or assist in funding on and off-site infrastructure improvements, permits, plans
and fees. In return, the Agency will get affordable dwellings that are affordable to very-
low, low and moderate income households. On the single-family product, there will be
ownership units, constructed on 5,000 sq. ft. lots, with dwellings ranging from 1,200 to
about 1,600 sq. ft. and will be sold for $106,900 to $111,900 to $115,900. That project
will feature 42 moderate-income units, 10 low-income units and 10 very-low income
units.
The senior citizen housing units will include 44 very-low income unitS, 31 low-income
units and 16 low-moderate income units. All 153 units will have affordability covenants
recorded against them which will take us down the path toward achieving the Agency's
housing production requirements as required by the California Community
Redevelopment Law.
The DDA provides various options for the conveyance of the property as well as the
provision of on and off-site infrastructure assistance. The reason for these options is that
the senior citizen component of the project is scheduled to employ low-income investment
tax credits to partially fund approximately 33% of the project development costs.
Because of that and because the process involves an allocation from the State's Allocation
Board to grant these projects investment tax credit, the developer is moving forward to
apply for them in the July 1994 cycle. If it is unsuccessful because the agenda is full,
then the next cycle for the Tax Credit Allocation Board to review projects is scheduled
for December 1994. In an effort to not hold up the entire project which includes the
school, retention basin & single family units) the DDA provides for conveyance of either
the multi-family site or the single-family site with detention basin or the conveyance of
the entire site if they are successful at getting the tax credit allocation. Then different
disbursement amounts for the land and improvement costs are provided for in the DDA
to fund the necessary improvements associated with each conveyance.
Mark Huebsch, Legal Counsel, stated that the most important aspect of the project has
to do with the long-term affordability and that has implications for the value of the land.
The land would have very substantial value, but in effect, the affordability covenants take
the value out economically by muting the income stream. The summary report, which
has been on display, goes through the economic analysis. He noted that the components
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that can be conveyed. In each case with a conveyance occurring, the Agency would be
paying out money only for infrastructure improvements and in each case, the Agency
would have security in the form a Second Deed of Trust on the property, so there is
some security. Regarding the tax credit possibility, Williams Development is
contemplating an assignment along the way to a non-profit housing corporation. The
rationale is that a non-profit housing corporation is practically essential to obtain housing
tax credit. The affect of housing tax credit is that it functions like equity dollars and
helps to make the project feasible with the affordability mix as presently configured. He
added that there are a number of remedies that the Agency has under the document for
non-performance or inadequate performance with the construction or use of property.
In response to Mayor Pena, Mr. Huebsch advised that there are portions of the
agreement that run with the property, parts only relate to construction and not in
perpetuity, but the affordability limitations run until 2029.
Mayor Pena asked if the property could become so valuable in thirty years, that the
Agency might wish to repurchase the property or do something else with it, can the
Agency re-purchase it?
Mr. Huebsch advised that there is a provision of right of first refusal but that's more of
a defensive technique. If there is an opportunity where the owner is attempting to re-
market it, that would allow the Agency to preserve the affordability. The way the
agreement is written, it looks to restricting the use of these properties for a very
significant period of time. As the party imposing these covenants and as the Agency's
affiliation with the City, there would be a lot the City/Agency could do practically
speaking, to unwind covenants; however, that would also have implications as to the
long-term affordability housing production of the Agency.
In further response to Mayor Pena, Mr. Spevacek, referred to Attachment 13, Page 4 of
6 in Section 5 of the agreement which sets forth if the Agency is dissatisfied with the
services then it can either terminate the agreement or perform such services and charge
same to the developer, which charges shall be paid by the developer within fifteen days
after receipt of the bill.
The Mayor/Chairman declared the PUBLIC HEARING OPEN. There being no one
wishing to speak, the PUBLIC HEARING WAS CLOSED.
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RESOLUTION NO.94-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN TIlE
LA QUINTA REDEVELOPMENT AGENCY AND E. G. WILLIAMS
DEVELOPMENT CORPORATION AND MAKING CERTAIN FINDINGS IN
CONNECTION TIIEREWITH.
It was moved by Council Members Sniff/Bangerter that Resolution No. 94-43 be
adopted. Motion carried unanimously.
RESOLUTION NO. RA 94-10
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY
APPROVING AND AUTHORIZING THE EXECUTION OF THE DISPOSITION
AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY AND E. G. WILLIAMS DEVELOPMENT
CORPORATION AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH.
It was moved by Mr. Pena, seconded by Mrs. Bangerter that Resolution No. RA 94- be
adopted. Motion carried unanimously.
The Redevelopment Agency portion of the meeting was adjourned upon motion by Mrs.
Bangerter, seconded by Mr. Perkins and carried unanimously.
CLOSED SESSION
1. Discussion of negotiations with the La Quinta City Employees Association pursuant to
Government Code Section 54957 Meet and Confer Process.
The Council reconvened and the City Attorney announced that the City Council has concluded
a Closed Session under Government Code Section 54957 and has authorized a 2% Cost of
Living Adjustment for all employees not represented by the La Quinta Employees Association
and in addition, a decision was made to accept the Department Directors offer to have a 0% of
Cost of Living Adjustment at this time.
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There being no flirther business, the meeting was adjourned
Res ctftllly submitted
AUNDRA L. JUHOLA LA, City Clerk/Secretary
City of La Quinta/La Quinta Redevelopment Agency
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