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SA Resolution 2012-001RESOLUTION NO. SA 2012 - 001 A RESOLUTION OF THE CITY OF LA QUINTA ACTING AS THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY ADOPTING THE DRAFT RECOGNIZED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE 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 has been 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 "Draft Recognized Enforceable 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 Resolution No. SA 2012-001 Adoption of Recognized Enforceable Obligations Payment Schedule Adopted: February 21, 2012 Page 2 WHEREAS, Health & Safety Code Section 34169 requires redevelopment agencies to provide the "draft enforceable obligation payment schedule" to the Successor Agency, so that pledges of revenues associated with enforceable obligations of the former redevelopment agencies are honored; 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. Draft Recognized Enforceable 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 Draft Recognized Enforceable Obligation Payment Schedule. Pursuant to Health & Safety Section 341731e1, 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 Draft Enforceable 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. 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 21 st of February, 2012, by the following vote, to wit: Resolution No. SA 2012-001 Adoption of Recognized Enforceable Obligations Payment Schedule Adopted: February 21, 2012 Page 3 AYES: Agency Members Evans, Franklin, Henderson, Osborne, Chair Adolph NOES: None ABSENT: None ABSTAIN: None Don Adol h, May r City of La Quinta Acting as Successor Agency to the La Quinta Redevelopment Agency ATTEST: is�_ V h�� SUSAN MAYSELS, InterWn Secretary City of La Quinta Acting as Successor Agency To the La Quinta Redevelopment Agency (AGENCY SEAL) APPROVED AS TOl FORM: W. KAItHLRINE JE S¢N Successor Agency Counsel City of La Quinta Ing as Successor Agency To the La Quinta Redevelopment Agency EXHIBIT A Name of Redevelopment Agency: La Quinta Redevelopment Agency Project Area(s) No.1 DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) For Fiscal Year 2011.2012 Per ABx126 - Health & Safety Code Section 34167, 34169 & 34177 Outstanding 30uroe P ymeem Project Name/ Debt or Payments by month Jan'12 Feb'12 March'12 April'12 May'12 June'12 Total Debt Obligation Payee Description Obligation Professional Rosenow Professional Services Services Agreement Spevacek Group, Agreement to implement for Housing and Inc. AB x1 26 1) Economic Development Programs FY 2011-2012 $193,000 "C,E 1$30,000 $25.000 $25,000 1$25,000 $25,000 j$25,000 $155,000 Affordable Housing Rosenow Professional Services Compliance Spevacek Group, Agreement to carry out Monitoring Inc. activities related to affordable housing 2) compliance monitoring. This task is included in the agreement listed as FY 2011-2012 1) $110,000 "A,E 1 $5,000 $5,000 1$5,000 $5,000 1$5,000 $25,000 Amended Agreement Rutan & Tucker Legal expenses related to 3) for Contract Legal implementation of ABx1 Services 26 FY 2011-2012 $211,650 "C,E $50,000 $48,800 $48,800 $48,800 $48,800 $43,400 $288,600 Agreement for Home La Quinta Palms Purchase and Purchase and Realty rehabilitation of blighted Rehabilitation foreclosed homes for 4) Program rental or resale to income qualified tenantstbuyers $3,200,000 "A,E J$200,000 J$200,000 $200,000 $200,000 $200,000 $1,000,000 Page 1 of 12 Outstanding 50umeo Project Name/ Debt or Payment (See Payments by month Jan'12 Feb'12 March'12 April'12 May'12 June'12 Total Debt Obligation Payee Description Obli ation pndl Home Purchase and City of La Quinta Project Management Rehabilitation Costs -Staff Time, Non- Program Personnel 4a) $2,710 for period covered by this ROPS "A,E $542 $542 $542 $542 $542 $2,710 Home Purchase and Rutan & Tucker Project Management Rehabilitation Costs -Legal Program 4b) $6,000 for period covered by this ROPS "A,E $1,200 $1,200 $1,200 $1,200 $1,200 $6,000 Agreement for Habitat for Program will require a Construction of Humanity total expenditure of up to mutual self help $1,100,000 for five homes to provide homes to be constructed 5) affordable housing over five fiscal years for Low- and Moderate- Fy 2013.2014 Income Housing qualified to 2017-2016 buyers. $1,100,000 E $0 Habitat for Humanity City of La Quinta Project Management Agreement Costs -Staff Time, Non- 5a) Personnel None for period covered by this ROPS E $0 Habitat for Humanity Rutan & Tucker Project Management Agreement Costs -Legal, preparation 5b) of required loan and legal None for period documents covered by this ROPS E $0 SilverRock Resort RBF Consutting Design and engineering Infrastructure Design of infrastructure to 6) and Engineering support development of SilverRock Resort $759,875.00 "B,E $25,000 $25,000 $50,000 Page 2 of 12 FX Outstanding ouroe Project Name/ Debt or Payment I See Payments by month Jan'12 Feb'12 March'12 April'12 May'12 June'12 Total Debt Obligation Payee Description Obligation Domestic Water & Coachella Valley Future infrastructure Sanitation System Water District improvements required Installation and for development of irrigation Agreement SilverRock Resort by 7) for SilverRook Resort Domestic Water & Development Sanitation System Installation and Irrigation Agreement $14,825,644 E $0 Written Agreement City of La Quints Reimbursement of costs Updating Prior for staff and overhead Agreements Between related to City staffs the City of La Quinta implementation of and the La Quinta Redevelopment Plan Redevelopment (housing and non - Agency Regarding housing combined) 8) Rental charges for Use of City Hall and Allocation of Overhead and Administrative Costs $40,825,152 " C,E $190,343 $190,343 $190,343 $190,343 $190,343 $190,345 $1,142,060 Written Agreement City of La Quinta Rental payment for use of Updating Prior City Hall Agreements Between the City of La Quinta and the La Quinta Redevelopment Agency regarding 9) Rental Charges for Use of City Hall and Allocation of Overhead and Administrative Costs For FY 2011- 2012 $1,074,348 1 "C,E 1$89,529 1$89,529 1$89,529 $89,529 1$89,529 $89,529 1537,174 Grand Total for PA 1 $359,872 $560,414 $560,414 $560,414 $585,414 $580,016 $3,206,544 Page 3 of 12 W FX Project Name/ Outstanding Debt or UGUMS of P cr Payments by month DebtObligadon Payee Description Obli ation (So Jan'12 Feb'12 March'12 April'12 M '12 June'12 Total THE FUNDING FOR THE PAYMENT WAS ADVANCED FROM THE ACCOUNT LISTED BEFORE THE COMMA. THE SUCCESSOR AGAECY'S POSITION IS THAT THESE PAYMENTS SHOUD BE FROM THE REDEVELOPMENT PROPERTY TAX TRUST FUNDITAX INCREMENT (SOURCE OF PAYMENT E), BUT DUE TO THE TIMING OF THE PAYMENT, FUNDS FROM THAT SOURCE WERE NOT MADE AVAILABLE TO THE SUCCESSOR AGENCY. A Low and Moderate Housing Furls B Bond Proceeds C Reserve Balances D Administrative Cost Allowance E Redevelopment Pro" Tax That Fund/Tax Increment n Page 4 of 12 Name of Redevelopment Agency: La Quints Redevelopment Agency Project Area(s) No.2 DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE (BOPS) For Fiscal Year 2011.2012 Total Sourceof Outstanding Payment Payments by month Project Name/Debt Debt or (See Obligation Payee Description Obligation Legend)Jan'12 Feb'12 March'12 Apol'12 May 12 June'12 Total Professional Rosenow Professional Services Agreement Services Agreement Spevacek Group, implement AB x126 for Housing and Inc. Economic 1) Development Programs FY 2011-2012 $403,000 "C,E $30,000 $24,000 1$24,000 $24,000 1$24,000 $24,000 J$150,000 Amended Agreement Rutan 8 Tucker Legal expenses related to for Contract Legal implementation of ABx1 26 Services 2) FY 2011-2012 $571,000 " C,E $40,000 $36,880 $36,880 $36,880 $36,880 $36,880 $224,400 Tone Nissan Owner Mega Dealer Investment to upgrade and Participation LLCIRoberl N. La expand auto dealership facilities Agreement Torte, Inc. (monthly figures are estimates based on OPA Schedule of 3) Performance) $1,500,000 'B,E $180,000 $180,000 $180,000 $200,000 1$220,000 $140,000 $1,100,000 Tone Nissan Owner City of La Quints Project Management Costs -Stall Participation Time, Non -Personnel Agreement 3a) Ongoing "GE $1,043 $1,043 $1,043 $1,044 $1.043 $5,216 Page 5 of 12 Total Source of Outstanding Payment P mend montil aY by ProjectName/Debt Debtor (See Obligation P Description Obl` atibn L n Jan'12 Feb'12 March'12 April '12 May 12 June '12 Total Torre Nissan Owner Rutan & Tucker Project Management Costs -Legal Participation Agreement 3b) Ongoing "C,E $720 $720 $720 $720 $720 $3,600 Torre Nissan Owner Rosenow Project Management Costs - Participation Spevacek Group, Consulting Services Agreement Inc 3c) Ongoing "C,E $2,000 $2,000 $2,000 $2,000 $2,000 $10,000 Coral Mountain Coral Mountain Construction of 176 affordable Partners Disposition Partners, LLC units (monMy figures are and Development estimates based on DDA 4) Agreement Schedule of Perrormance) $29,000,000 A, E $235,469 $235,469 $235,469 $235,469 $235.469 $235,469 $1,412,814 Coral Mountain City of La Quinta Project Management Costs - Staff ' Partners Disposition Time, Non -Personnel 4a) and Development Agreement Ongoing "A,E $2,238 $2,238 $2,238 $2,237 $2,237 $11,188 Coral Mountain Rutan BTudier Project Management Costs - Partners Disposition Legal 4b) and Development Agreement Ding I "A,E I I$1.2D0 $1,200 1$1,200 IS1.2DO l$1,2D0 I56,000 Coral Mountain Rosenow Project Management Costs - PaMers Disposition Spevacek Group, Consulting Services 4c) and Development Inc Agreement Ongoing "A,E $4,000 $4,000 $4,000 $4,000 $4,000 $20,000 Page 6d 12 Total Source of Outstanding Payment Payments by month I Project NamelDebt Debt or (See Obli ation Payee Description Obligation Legend) Jan712 Feb'12 March'12 April'12 May 12 1 June'12 Total Development and Rosenow Rehabilitation of 30 year -old units Implementation Spevacek Group, and construction of new units for Services Contract for Inc. a very -low income senior and 5) Washington Street special needs housing complex Apartments Rehabilitation Project $1,471,200.00 "A,E $70,000 $80,000 $80,000 $90,000 $100,000 $100,000 $520,000 Construction of La Quints Written commitment to US Washington Street Housing Authority Department of Agriculture Rural Apartments Site Development to Rehabilitate 8 Improvements & Construct Improvements to Rehabilitation Washington Street Apartments 6) $18,906,474 "B,E $750,000 $750,000 $750,000 $750,000 $750,000 $3,750,000 Washington Street City of La Quints Project Management Costs - Staff Apartments Time, Non -Personnel 6a) Rehabilitation Project Ongoing "A,E $3,217 $3,217 $3,217 $3,217 $3,218 $16,086 Washington Street Rutan 8 Tucker Project Management Costs - Apar6nents Legal 6b) Rehabilitation Project Ongoing "A,E $1,200 1$1,200 $1,200 $1,200 $1,200 $6,000 Written Agreement City of La Quints Reimbursement of costs for staff Updating Prior and overhead related to City Agreements Between staffs implementation of the City of La Quints Redevelopment Plan (housing and the La Quints and non -housing combined) Redevelopment Agency Regarding 7) Rental charges for Use of City Hall and Allocation of Overhead and Administrative Costs FY 2011-2012 $539,124 "C,E $44,927 $44,927 $44,927 $44,927 $44,927 $44,927 $269,562 Page 7 of 12 Total Sourceuf Outstanding payment P aY by rM Payments mo Project NemelDebt Debtor Obligation Payee Description Obligation L(seed Jan'12 Feb'12 March'12 April '12 MaV 12 June '12 Total Written Agreement City of La Quints Rental paynentfor use of City Updating Prior Hall Agreemenbs Between the City of La Quints and the La Quiinta Redevelopment Agency regarding 8) Rental Charges for Use of City Hall and Allocation of Overhead and Administrative Cost FY 2011.2012 $1,074,268 "C,E $89,529 $89,529 $89,529 $89,529 $89.529 $89,529 $537,174 6reW4 TOMB for PA 2 - $689,925 $1,456,423 $1,4 ,423 $1,486,423 $1,516,423 $1,436,423 $8042,040 •a THE FUNDING FOR THE PAYMENT WAS ADVANCED FROM THE ACCOUNT LISTED BEFORE THE COMMA. THE SUCCESSOR AGENCY'S POSITION IS THAT THESE PAYMENTS SHOULD BE FROM THE REDEVELOPMENT PROPERTY TAX TRUST FUNDTTAX INCREMENT (SOURCE OF PAYMENT E), BUT DUE TO THE TIMING OF THE PAYMENTS, FUNDS FROM THAT SOURCE WERE NOT MADE AVAILABLE TO THE SUCCESSOR AGENCY. Lax and Moderate Horsing Funds Bond Proceeds Reserve Balances Administrative Cost Albwance Redersbpmem Property Tax True Fundlrac Inurement sr -pursuant b AB 26, Section 34177 (1)(1)(F) Pegs 8 of 12 Name of Redevelopment Agency: La Ouirda Redevelopment Agency Project Area(s) No. 1 and No. 2 DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE For Fiscal Year 2011-2012 Total Source of Outstanding Payment Payments by month Project Name(Debt Debtor (See Obligation Payee Description ObligationLegend) Jan'12 Feb'12 March'12 April'12 May'12 June'12 Total 1994 Taxable US Bank Bonds to fund projects 1) Allocation Bonds 'O,E $90,155 §90,155 1998 Taxable US Bank Bonds to fund projects 2) Allocation Bonds 'C,E $551,463 $551,463 2001 Taxable US Bank Bonds to fund projects 3) Allocation Bonds 'C,E $1,215,360 $1,215,360 2002 Taxable US Bank Bonds to fund projects 4) Allocation Bonds 'C,E $871,341 $871,341 2003 Taxable US Bank Bonds to fund projects 5) Allocation Bonds 'C,E $719,378 $719,378 2004 Taxable US Bank Bonds to fund projects Allocation Bonds, 6) Loan Agreement & First Supplemental Loan Agreement 'C,E $2,029,553 $2,029,553 2011 Taxable US Bank Bonds to fund projects Allocation Bonds, 7) Second Supplemental Loan Agreement 'C,E $1,086,884 $1,085,684 2011 Taxable US Bank Bonds to fund projects Allocation Bonds, PA r8)2non-housing `C,E $239,384 $239,384 Page 9 of 12 Total Source of Outstanding payment Payments by month Project Name/Debt Debtor (See Obligation Payee Description Od' ation Lewadl Jan'12 Feb'12 March'12 April'12 May'12 Jurre'12 Total Annual corddnuing Wilden Financial Preparation of Annual continuing disclosure Statements Services disclosure reports per Federal Bond Tenn: 9) regulations None for Period covered by this ROPS E $0 Bond hokler fees US Bank Fees for holding administration Bond Term: and distribution of bond proceeds None for Period 10) covered by this ROPS E $0 1994 Taxable US Bank Bonds to fund projects -Reserves 11) Allocation Bonds for September 2012 Payment L,560.155 E $2,560,155 1998 Taxable US Bank Bonds to fund pgecls-Reserves 12) Allocation Bonds for September 2012 Payment E $691A63 $691,463 2001 Taxable US Bank Bonds to fund projects -Reserves 13) All cation Bonds for September 2012 Payment E $1,215,360 $7,215,360 2002 Taxable US Bank Bonds to fund projects -Reserves 14) Allocation Bonds for September 2012 Payment E 1$1,6W.341 $1,606,341 2003 Taxable US Bank Bonds to fund projects -Reserves 15) Allocation Bonds for September 2012 Payment 1$1,279,378 E $1,279,378 2004 Taxable US Bank Bonds to fund projects -Reserves Allocation Bonds, for September 2D12 Payment 16) Loan Agreement 8 First Supplemental Loan Agreement E $3,919,553 $3,919,553 21)11 Taxable US Bank Bonds to fund projects -Reserves AlWation Bonds, for September 2012 Payment 17) Second Supplemental Loan Agreemerd E $1,085,884 $1,085,884 Pepe 10 of 12 Total Source of Outstanding Payment Payments by month I Project Name/Debt Debtor (See Obligation Payee Description Obl ation Legend) Jan'12 Feb'12 March'12 April'12 May'12 June'12 Total 2011 Taxable US Bank Bonds to fund projects -Reserves Allocation Bonds, PA for September 2012 Payment 18) 2 non -housing E $274.384 $274,384 Computer Document LaserBche storage of documents 19 Storage ECS related to Successor Agency 0 of E $233 $233 $233 $233 $233 $1,165 Online access to MuniCode 20) Online MuniCode DSS related to the Successor Agency Orgoirg E $17 $17 $17 $17 $17 $85 Grand Total for PA 1 and PA 2 $0 $250 $6,802,768 $250 $250 $12,632,768 $19,436,286 s MARCH BOND PAYMENT TO BE ADVANCED FROM RESERVES I REIMBURSED BY REDEVELOPMENT PRPERTY TAX TRUST FUND A Low and Moderate Housing Funds B Bond Proceeds C Reserve Balances. D Administrative Cost Allowance E Redevelopment Property Tax Trust Fund/fax Increment Page 11 of 12 Name of Redevelop La Quints Redevelopment Agency Pm)W Area(s) No.1 and No.2 Per AR 28- Section 34167 and 34169 Project Name I Fumfmp Total Due Dung Fiscal Payments by nanOx Jan'12 Feb'12 March'12 Apol'12 May'12 June Total Debt Obligabon Payee Description Source Year Negotiated pass County General Taring Agency 1) through Fund Payment E $14,803,383 $7,401,692 $7,401,692 $14.803.384 Negotiated pass County Library 8 Taxing Agency 2) through Fro Payment E $8,253,362 $4,126,681 E4,126,681 58253,362 Negotiated pass Desert Sands Taxing Agency 3) through USD Payment E E6,978,820 E3,489,410 53,489,410 $6,978,820 Negotiated pass Coachella Valley Taxing Agency 4) through USD pwmem E $834,077 $421,168 $412,909 $834,077 Negodeed pass College of the Taxing Agency 5) through Desert Payment E E1,594,426 $797,213 $797,213 $1,594,426 Slatutery/Neg. Ofice of Taxing Agency - 6) pass through Educagm Payment E $621,622 $310,811 $310,811 $621,622 Slabdmy pass City of La Courts Taxing Agency . 7) through - Payment E $157,632 $78,916 1 $78,916 E157,832 Statutory pass Resource Taxing Agency 8) through Conservation Payment E $1,032 $516 5516 $1,032 Negotiated pass CV Water Diabict Taxing Agency 9) through Payment E $2,332,104 51,166,052 E1,166,052 52,332,104 SfatutorylNeg. Desert Recreation Taxing Agency 10) pass through District Payment E 5187,670 $93,835 E93,635 5187,670 pass CV Public Taxing Agency 11) through Cemetery Paymerd E E9,999 55,000 55,000 E70,000 LStatutory Negotiated pass CV TaftAgency . 12) through Vector MosWilo Payment E E824,321 $412,161 E412,161 $824,322 Grand Total for PA 1 and PA 2 E421,168 $17,882,287 $1%295,196 $36,598,651 Page 12 of 12