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2012 03 20 SACITY AS SUCCESSOR ACIENCY TO THE LA QUINTA REDEVELOPMENT A4ENCY 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, MARCH 20, 2012 AT 4:00 P.M. Beginning Resolution No. SA 2012-003 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 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 6, 2012 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 41 001 CITY AS SUCCESSOR AGENCY TO RDA 1 MARCH 20, 2012 I . APPROVAL OF DEMAND REGISTER DATED MARCH 20, 2012 2. RECEIVE AND FILE TREASURER'S REPORT DATED JANUARY 31, 2012 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2012 4. 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 BUSINESS SESSION CONSIDERATION OF SUCCESSOR AGENCY ADMINISTRATIVE BUDGET FOR THE PERIOD OF FEBRUARY 1, 2012 THROUGH JUNE 30, 2012 2. CONSIDERATION TO NEGOTIATE A NEW CONTRACT WITH ROSENOW SPEVACEK GROUP FOR ECONOMIC DEVELOPMENT AND HOUSING SERVICES FOR THE CITY / SUCCESSOR AGENCY / HOUSING AUTHORITY STUDY SESSION — NONE ADJOURNMENT The next regular meeting of the City as Successor Agency to the La Quinta Redevelopment Agency will be held on April 3, 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. 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 16, 2012. DATED: March 16, 2012 V SUSAN MAYSELS , IntenrnWy C41erk City of La Quinta, California .0 002 CITY AS SUCCESSOR AGENCY TO RDA 2 MARCH 20, 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. 4 003 CITY AS SUCCESSOR AGENCY TO RDA 3 MARCH 20, 2012 T-itf 4 4 a" COUNCIL/SA MEETING DATE: March 20, 2012 ITEM TITLE: Approval of Demand Register Dated March 20, 2012 AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: It is recommended the Successor Agency of the La Quinta Redevelopment Agency: Receive and File the Demand Register Dated March 20, 2012 of which $6,802,516.77 Represents Successor Agency Expenditures as detailed below: Vendor: Account #: Amount: Purpose: US Bank 232-9002-472.83-40 $239,383.75 Debt Svc Pyrnent US Bank 232-9002-472.83-42 $727,542.03 Debt Svc Pyrnent US Bank 231-9001-472.83-42 $358.341.60 Debt Svc Pyrnent US Bank 231-9001-472.83-38 $1,359,800.60 Debt Svc Pyrnent US Bank 232-9002-472.83-38 $669,752.53 Debt Svc Pyrnent US Bank 231-9001-472.83-23 $719,377.50 Debt Svc Pyrnent US Bank 231-9001-472.83-22 $871,340.63 Debt Svc Pyrnent US Bank 231-9001-472.83-19 $1,215,360.00 Debt Svc Pyrnent US Bank 232-9002-472.83-16 $141,703.13 Debt Svc Pyrnent US Bank 232-9002472.83-16 $409,760.00 Debt Svc Pyrnent 004 US Bank . 231-9001-472.83-07 $90,155.00 Debt Svc Pyrnent 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 forthe dissolved La Quinta Redevelopment Agency. submitted, John M. Falconer, Finance Director Approved for submission by: Mark Weiss, Interim Executive Director 005 (,�- � I -� witit 4 c3b41'r 0 E *Vvre,*�4, I COUNCIL/RDA METING DATE: March 20, 2012 . AGENDA CATEGORY: ITEM TITLE: Receive and File Treasurer's Report dated January 31, 2012 RECOMMENDATION: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: It is recommended the Successor Agency to the La Quinta Redevelopment Agency: Receive and file. PLEASE SEE RELATED BUSINESS SESSION ITEM ON CITY COUNCIL AGENDA ter OF COUNCIL'RDA MEETING DATE: March 20, 2012 AGENDA CATEGORY: ITEM TITLE: Receive and File Revenue and BUSINESS SESSION: Expenditure Report dated January 31, 2012 CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Receive and File BACKGROUND AND OVERVIEW: Receive and File the January 31, 2012 Statement of Revenue and Expenditures for the Successor Agency to the La Quinta Redevelopment Agency. Respectfully submitted, a �r -- - John �MFalc In Approved for submission by: Mark Weiss, Interim Executive Director Attachment: 1. Revenue and Expenditures Report, January 31, 2012 of 007 A 1 1 All.Frilvirim 1 1 SUCCESSORAGENCY REVENUE SUMMARY PROJECT AREA NO. i �In County of Riverside Pooleol Cash Allocated Interest Non Allocated Interest Transfers In TOTAL PA 2 PROJECT AREA NO. 2 Admin County a Riverside Pooleol Cash Allo�atad Interest Non Allocated Interest Transfers In TOTAL PA 2 TOTAL SUCCESSOR AGENCY - ADMIN PROJECT AREA NO. 1 Prograin County of Riverside Pooled Cash Allocated Interest Non Aflocarted Interest Transfers In TOTAL PA 2 OW0112011 - 01131/2012 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 286,540 C0 000 286,540 W 0 OW% 0'00 0,00 000 0,0)0% 0,00 0,00 0 w 0.030% 000 O.w 000 0�1)00% 286,540,00 (100 2W 540 00 0,000% 141 131 00 000 141.131,00 0 m% 0,00 0 w 0 oo 0,000% 0,00 O'� 0 DO 0,030% 0,00 000 0 x 0.030% 141 13100 000 141J31.00 0 WO% DOW% 5.43244800 0,00 5�432,44&00 0 DW% o'W o'W 0 Do 0,0)0% 0.03 O.W 000 0,000% 8 976,� 00 8,976,263.� 0.44 1W.000% 14,408,712.W 8 976 263 56 643244844 - 62300% PROJECT AREA NO, 2 Prograin County a Riveraide 1.493,269,00 0'W 1,493,269 W O'�% Pooled Cash Allocateof Interest 0'W 0,00 0 w 0,000% Non Allocated Interest om 0.03 000 0.030% Transfers In 555,17800 555,17767 0.33 100,OW% TOTAL PA 2 2 048 W 00 55517767 1 49326933 27 100% TOTAL SUCCESSOR AGENCY - PROGRAM 16,457 159,00 91531,441 23 6,925,717,77 57.920% TOTAL SUCCESSOR AGENCY 16,IM,1�830,00 9,531,44123 7,353,388,77 WA50% 008 SUCCESSOR AGENCY AIXIUSTED 01131112 EXPENDITURE SUMMARY REMAINING BUDGET EXPENDITURES ENCUMBERED BUDGET 237 PROJECT AREA NO. 1, 238 PROJECT AREA NO, 2- 231 PROJECTAREANI 232 PROJECT AREA NO, 2- SERVICES REIMBURSEMENT TO GEN FUND 99,WD0 000 0.00 99.Woo TRANSFERS OUT IW6%M 000 0 m 186.655m TOTAL PA I - Ad.In ------ 0 . 00 000 000 o.W SERVICES 49,198 W 0,00 O.W 49,1% W REIMBURSEMENT TO GEN FUND 91,935,00 000 om 91.93500 TRANSFERS OUT 0 w 00, 000 0 w TOTALPA2-Ad.iI 37W TOTAL SUCCESSOR AGENCY - Admin SERVICES W.4W W 000 om W.400,00 BOND PRINCIPAL o.W O.W 000 o.W BONDINTEREST 5,393.338 W o.m 0,00 5.393 3W.M REIMBURSEMENT TO GEN FUND 2,710,00 0.00 0�w 2.710 ao TRANSFERS OUT 000 000 om 0,00 TOTAL PA I - P.g.m SERVICES BOND PRINCIPAL 51,6w w 000 O.W 51.60000 BOND INTEREST 1,409,179 W 0�m 000 1.409 179,W REIMBURSEMENT TO GEN FUND 32.4W 00 om 0.00 32,4000 TRANSFERS OUT 0 00 a 00 0,00 TOTAL PA 2 - Pmgmm . TOTAL SUCCESSOR AGENCY - P"m. TOTAL SUCCESSOR AGENCY 009 0710112011 - 0113112012 LA QUINTA REDEVELOPMENT AGENCY ADJUSTED REMAINING % REVENUE SUMMARY BUDGET RECEIVED BUDGET RECEIVED PROJECT AREA NO. I I LOWIMODERATE TAX FUND: Tax Increment 4,123.224 W 4,123,224,39 (039) 100.000% Allocated Interest �,600 w 1.792% 42,80704 4020% Non Allocated Interest 0 N 878 4D (87840) 0 NO% Miscellaneous revenue 0,00 1,2M 22 (1,22622) O'(XK% Non Allocate<1 Interest 0,00 000 O,w 0000% How Sales proceeds 0,00 0.00 O,w OC00% Sale of Land D.00 0.00 O,(N 0000% Sanver Subsidy Reimbursements 0�00 1,46784 0.000% Rehabilitation Loan Repayments 0,00 0.00 O,w 0 ON% 2nd Trust Deed Repayment 0.00 0�00 0 IN 0000% Williams Note Payment 0,00 0,00 0.00 0.000% Transfer In COO COO 000 0,000% TOTAL LOW/MOO TAX 4J67,824.00 4,128,589A1 39�23,1 19 99.ON% DEBT SERVICE FUND: Tax Increment 16,506 087.00 16 N5,08735 (035) 100,000% Allocated Interest 3000,00 (13.12295) 16,122.95 437430% Non Allocated Interest I 0�00 000 0,00 0 O(X% Interest - County Loan 000 000 000 0 ODO% Interest Advance Proceeds 0 N 000 000 0 OW% Trarefs. In 1 l'w'5go'co 11,847,590 28 (028) IN NQ% TOTAL DEBT SERVICE 28,355,677 W 2S339,5&1,68 16,12232 99,940% CAPITAL IMPROVEMENT FUND Pooled Cash Allocated Interest 25.700,00 (13 ON 17) 39599 17 -54080% Non Allocated Interest 18.80000 4423,55 1437645 23,5M% Developer Agreement Fundmg D.00 0,00 000 0000% Sale of Land Proceeds 000 000 D.(M O.wO% Rental Income 0�00 000 000 0 NO% Litigation Proceeds 0,00 0.00 0,00 0000% Transfers; In 5,000,000,00 0.00 5 N0,ONCO 0 NO% TOTAL CAPITAL IMPROVEMENT 5,0" � 00 (9,47562) 5 053,975,62 _0 190% "11 TAXABLE HOUSING BOND FUND: Pooled Cash Allocated Interest 0 DO 0 DO 000 0 NO% Non Allocated Interest 5.00000 3,13400 1,8613 00 62.680% Developer Agreement Funding O,w 0 w 0,00 0,000% Sale of Land Proceeds 000 O,w 000 0,00% Rental Income 000 0,00 0,00 0,000% Litigation Proceeds 0,00 0,00 O'w OC00% Tramsters In 0,00 D,00 O'N O.Ow% TOTAL 2011 TAXABLE HOUSING BOND 5,WD.00 3,1�1.00 1,aSlt.N 62,15W% 010 U QUINTA REDEVELOPMENT AGENCY ADJUSTED 113112012 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PR9JECT AREA NO, I I LOINIMODERATE TAX FUND: SERMCES 522.S50 DO 251,81159 0 w 271,038A1 2,,d TRUST DEED PROGRAM 520,000�00 81 ow 00 Bw 439,M 00 HABITAT FOR HUMANITY- 3w,16I) 00 5 1W 00 0,00 295.060,00 I-ANDACQUISITION 000 000 0.0 000 LOW MOD HOUSING PROJECTS 0 w 000 000 Bw FORECLOSURE aw,wo.w Bw 000 800 000'm REIMBURSEMENT TO GEN FUND 461,741.M 413,550�03 000 4SIN, 94 TRANSFERS OUT 1146165600 76M 671 3Q�l 21 TOTAL LOW/MOD TAX 1036159 00 a, 11!4"73,44 a Hm, 5 �,�,�,u . DEBT SERVICE FUND: SERVICES 429 212 00 428.524,W 0 OD 687.70 BOND PRINCIPAL 3,5`10 wo 00 3.540.000.00 000 0 w BONDINTEREST 3.418,315 W 3,418.315 63 000 (0,63) PASS THROUGH PAYMENTS 9,820.486 W 9 820.4U 57 000 1,43 ERAF SHIFT 0 w 000 Bw 0 w TRANSFERS OUT 11,171:5137411 101 8747 1. 1!016100!M 34 TOTAL DEBT SERVICE 5 7�06 2 08 � 61g163 T666 � a M1 5 04 CAPITAL IMPROVEMENT FUND: SERVICES 205 7W 00 5783181 000 147.N8,19 REIMBURSEMENT TO GEN FUND 27198500 21373921 000 58 245 79 2011 TAXABLE HOUSING BOND(249) SERVICES 11,001)�oo 8,67822 0,00 2,321 78 TRANSFERS OUT 25 11!51617 11 102,M.537 I.M1 251!1 1,;K 463, TOTAL 20il TAXABLE HOUSING BOND 7 706 2 g D 2 516 oil LA QUINTA REDEVELOPMENT AGENCY REVENUE SUMMARY PROJECT AREA NO. 2- LOVIYMODIERATE TAX FUND: Tax Increment Allocated Interest Non AlloWed Interest Developer funding 2nd Trust Deed Repayment Sale of Land Transfer In TOTAL LOWYMOD TAX 2004 LOW/MODERATE BOND FUND: Allocated Interest Home Sale P..c. Non Allocated Interest Transfer In TOTAL LOWIMOD BOND DEBT SERVICE FUND: Tax Increment Allocated Interest Non Allocated Interest Interval Advance Proceed. Transfer In TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND: Atlocasdl Interest Non Allomted Interest M,sc Revenue Sale of land Transfers In TOTAL CAPITAL IMPROVEMENT 07MI12011 - 01/3112012 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 2,341481 2,U1,482,34 (034) 100000% 60,8D0.00 8,42949 52,37051 13,860% 0 w 000 coo 0 000% 0 w 0 DO 000 0 000% 0,w 8,74,199 (8,7",N) 0,000% 000 0,00 000 0.000% 0.00 coo 0.w 0000% 2 402t28Z00 2,358,656,82 43,625,18 98,100% 0,00 0�00 0.00 0�000% 0,00 0�00 0,00 0�000% 500.00 25500 24500 51.000% 000 0,00 0�00 0,014% 61,000% 9,W5,929 00 9,365,929.37 (037) 100.0DD% 200.00 (15,788,12) 15,98812 -7894,060% 0,00 218 00 (218 00) 0 00(1% 0.00 0 w (),w 0,000% 1,453,098 00 1,338,W7.38 114,49062 92.120% 10�819,227.00 10,688,%&63 130,260.37 %.NO% 0 X) (5,58587) 5.68587 0 ODO% 76,802 M 44,67804 32,123 96 58170% 0,00 0,00 0,w 0.000% 000 D.00 0 w 0,000% 1,6M,000 00 0,00 0000% 1 726.80200 38 W2.17 1,687,11 2260% 2011 TAXABLE NON -HOUSING BOND FUND: PwIed Cash Allocated Interest 89 3M 00 0�00 89,35600 0,000% Non Allo�ated Interest 000 000 0.00 0000% Developer Agreement Funding 000 000 000 0 000% Sale a Land Proceeds 0 OD 000 000 0000% Rental Inwe 0 00 0,00 000 0 ODO% Litigation Prcceeds 0 w 0,00 0 N 0,(XIi Transfers In 0.00 0 w 0 w 0.000% TOTAL 2011 TAXABLE NON -HOUSING BOND 89,35600 0.00 89 3%,W 0000% 012 Lj LA QUINTA REDEVIELOPMENT AGENCY ADJUSTED 1131/2012 REMAINING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED BUDGET PROJECT AREA NO. 21 LOWINIODERATE TAX FUND: SERVICES 325,390.00 135,71172 O.w 189,67828 2NO TRUST DEEDS 000 OOD am 000 LOW MOD HOUSING PROJECTS 3 ON 00 0 w 0 Do 3.WO 00 FORECLOSURE ACQUISITION 4SOOW 00 0,00 COO 45D.00O 00 REIMBURSEMENT TO GEN FUND 261620,00 2M.5�1,62 0,00 27.075,38 TRANSFERS OUT 11.112:IM222]ODI 2!626353!426081.11 5 "IN, TOTAL LOWIMOD TAX 2 0 2 1 . R000, 6 RG's 5 2004 LOINIMODERATE 13OND FUND HOUSING PROGRAMS 0,00 000 O'Do 0 w LAND a w 000 DDO O.D) TRANSFERS OUT 3 307 155 �00 220,537,53 000 3 083,617,47 TOTAL LOMMMOD BONO __SM ,u u" .3,01 DEBT SERVICE FUND: SERVICES 2,16,068 00 241542,80 0 Do 4.52520 BOND PRINCIPAL 300 ON 00 l3O,NOOO ON 250.000 00 BONDINTEREST 25275700 252,75707 0 w (007) PASS THROUGH PAYMENTS 8 215 043 00 8,019,032 65 0,00 196.01035 ERAF SHIFT 000 0 w 000 0,00 TRANSFERS OUT 3.65561600 200561547 000 1 5 3 TOTAL DEBT SERVICE 12.149!484 W To 64U wN 000 2 ;� 503060 CAPITAL IMPROVEMENT FUND: SERVICES 99.845,DO 55.739.75 O,w 44,105,25 CAPITAL coo 000 0 w 000 REIMBURSEMENT TO GEN FUND 91,59200 6307411 O.w 28.51789 TRANSFERS OUT 1 905451 00 117 ll� IFI � 1� I .�, .11 1. 2011 RDA 2 TAXA13LE BOND FUND:1417) SERVICES 1 1.�O DO, 6.49131 000 300869 ECONOMIC DEVELOPMENT 1,5w,000,00 O�w 0.00 1.500,000 00 ---T99r4W7F — — — — — — — TT15TT3 8 TRANSFERS OUT 2 422,M 00 2659,82 11 2!g4231,72' 17 TOTAL RDA NO. 2 TAXABLE BOND � a M —2 94B Tit�p 4 4 a" AGENDA CATEGORY: COUNCIL/SA MEETING DATE: March 20, 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 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 a decrease in the administrative allowance (5% of total ROPS for this period) of approximately $250,000. This is a preliminary estimate only — staff is working to finalize this estimate. 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. 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 payments from the schedule as of this point in time pending a determination on the enforceability of this agreement. is * o,14 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 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. On April 4, 2012, the Oversight Board will review this ROPS and the ROPS for the period of July 201 2-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, Debbie Powell Economic Develo pment/H o using Manager Approved for submission by: Mark Weiss, Interim Exec jtive Director 015 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 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, 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 Al3x1 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 0,16 Resolution No. SA 2012- Adoption of Recognized Obligation Payment Schedule Adopted: March 20, 2012 Page 2 WHEREAS, on February 21, 2012, the City of La Quinta acting as the Successor Agency to the La Quinta Redevelopment Agency adopted by Resolution Number SA 2012-001 approving a 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 34173(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. 11 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. 017 Resolution No. $A 2012- Adoption of Recognized Obligation Payment Schedule Adopted: March 20, 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 20th of March, 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 018 �EXHIBIT "A" C�4 9 9 Lei Ci C6 R Lo L6 J9 Cz E m Lo CL OR Lu Ui —0 Cl) C=i 0� 0 a M. &0 M. cri cn C/3 w 0 LD .2 'Vj E m I A - -g Lm E A 2 m a- < Rk 2 0 CD j Li CY Of C2 r E ia z 0 019 2� �2 W LL� vc Lq w w -5 �2 SL co 2 &i E 42 0 C,i Of 8 W m 8 w T 0 w z 0 m 0 E 0-6 E aj w E E Ic w 75 0 E T m La Cf rs :5 E -us Z 39 2:1 0 v 020 id Ld C2 E < Lq Z W 0 S 0 Ld 0 0 Eo E -E -5 2 — -T 0 0 0 c E w 0 E 0 0 12 0 0 49 c 0 mo a -�s W o LD C% E Lm' E m M E 0 z M c WE t o o co -r M. 0- 7L,- Ro mc -E - 0 -M 00 .2 ac o 021 UA 0 z 0 > < =wzsgL< > �- LL, CL w 04TOt2TO Cc) L) LIS 0 C) z I- Z W!* CY 0 = � w WW I= uj 3: cc 2 0= LU z P mw 'L 0 z U uz 0 ce w �M!i T QW w 0 0 w C3 M Caw Z 0 0 :03 P�lw W'E 0 E Z DOW w 0 RD WO a E 2 -E co ui w LLI w w U) 6:6 E ui 0 ?! >- z 3: 5 -Tat =3 =< (3 a a 49 IL * v m �. 4 022 ..s 023 z 2 S2:: 08. 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FISCAL IMPLICATIONS: PerABx1 26, the Successor Agency will be reimbursed for administrative costs related to Successor Agency (SA) and Oversight Board administration. For the period of February 1, 2012 through June 30, 2012, ABx1 26 provides for an administrative allowance of 5% of the amount listed on the ROPS covering the same time period. At this time, the Recognized Obligation Payment Schedule (ROPS) totals $'10,825,400. Five percent of this total is $541,270. 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 $501,127 (Attachment 1)- ' This budget is still being refined; an updated version may be handed out at the Successor Agency meeting. It should be noted that overestimating administrative costs does not benefit successor agencies, as Section 34186 of the Dissolution Act requires a reconciliation of the amount distributed to successor agencies and the administrative costs actually paid. If the successor agency has been overpaid for administrative costs, it will result in downward adjustment to the amount distributed to the successor agency in the following six month period. 0 031 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 legal and consulting costs. Once the successor agency reviews and approves the administrative budget, they are required to be considered and approved by the Oversight Board. This will take place at the Oversight Board's meeting on April 4, 2012. While the Dissolution Act does not require the administrative budgets be submitted to the DOF, the DOF does review the actions of the oversight boards the day after the oversight board meeting takes place. Therefore, it could be assumed that the DOF could question an oversight board's approval of a successor agency's administrative budget. FINDINGS AND ALTERNATIVES: The alternatives available to the Successor Agency include: 1 Approve the Successor Agency Administrative Budgets for the period of February 1, 2012 through June 30, 2012; or 2. Do not approve the Successor Agency Administrative Budgets for the period of February 1, 2012 through June 30, 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 Attachment: 1 . Administrative Budget for 2-1-12 through 6-30-12 of 032 ATTACHMENT I LA QUINTA SUCCESSOR AGENCY ADMINISTRATIVE BUDGET Feb -Jun 2012 Total Cost Administrative Allowance Charges (Paid by Admin Allowance) Successor Agency Weekly Staff Meetings $ 22,350 Staff Reports & Research $ 32,722 Agendas & Minutes $ 11,818 ROPS & Administrative Budget Preparation $ 27,727 Overall SA Management $ 40,555 Records Management $ 4,195 Maintenance of SA Property Info $ 3,346 General Correspondence $ 4,859 Attend SA Meetings $ 11,401 Coordinate & Prep SA Mtgs $ 1,200 Financial Management/Budgeting/Accounts Payable $ 49,509 Annual Reporting $ 21,834 Subtotal Successor Agency $ 231,516 Oversight Board Weekly Staff Meetings $ 12,436 Staff Reports & Research $ 32,065 Agendas & Minutes $ 9,950 Overall OB Management $ 23,669 Records Management& Website $ 3,315 Oversight Board Preparation & Meetings $ 18,719 Financial Management $ 16,886 Annual Reporting $ 19,651 General Correspondence $ 1,172 Subtotal Oversight Board $ 137,861 Infrastructure Building Rent SuccessorAgency Supplies & Publications $ 2,000 Oversight Board Supplies and Publications $ 750 IT Support $ 10,000 Other Consulting/Outside Services $ 50,000 Printing/Mailing $ 5,000 Risk Management/insurance $ 50,000 Edcuational Expenses Related to ABx1 26 Implementation $ 14,000 Subtotal Infrastructure $ 131,750 Total Administrative Allowance Charges $ 502,127 Successor Agency Direct Charges (individual ROPS) Additional Staff Costs Pursuant to Agreements None Requested this Period Building Rental $ 1,074,348 Project Based Activities Home Purchase and Rehab Program Management $ - Habitat For Humanity Program Management $ - Torre Nissan Project Management $ 5,216 Coral Mountain Project Management $ 11,188 Washington Street Project Management $ - Total Direct Charges $ 1,090,752 Administrative Support (Individual ROPS) Legal Support Successor Agency Contract $ 513,000 Successor Agency Implementation Support Contract $ 305,000 Total Contracted Administrative Support $ 818,000 TOTAL ADMINISTRATIVE BUDGET $ 2,409,879 0 033 T-Vf 4 4 a" AGENDA CATEGORY: COUNCIIJSA MEETING DATE: March 20, 2012 2 BUSINESS SESSION: ITEMTITLE: Consideration to Negotiate a New Contract with Rosenow Spevacek Group for Economic CONSENT CALENDAR: Development and Housing Services for the City/ STUDY SESSION: Successor Agency/Housing Authority PUBLIC HEARING: RECOMMENDATION: Authorize staff to negotiate a new contract with the Rosenow Spevacek Group for consulting services related to Successor Agency administration and affordable housing compliance monitoring. FISCAL IMPLICATIONS: Staff will negotiate a contract for Housing Authority approval; the contract amount will be included in the Fiscal Year 2012/2013 Successor Agency budget, and will be included on the Recognized Obligation Payment Schedule for reimbursement from property taxes. BACKGROUND AND OVERVIEW: The Rosenow Spevacek Group ("RSG") has provided economic development, redevelopment, financial management, and affordable housing services for the City and Redevelopment Agency since 1989. RSG was originally selected upon culmination of a request for proposals process. The contract has been extended four times based on Chapter 3.32 of the City's Municipal Code, section 3.32.050 (C), which states, "The City Council may authorize award and execution of service contracts with no competitive proposals where experience with the proposed service provider has demonstrated competence and satisfactory performance or in the renewal or renegotiation of existing contracts for continuing services." RSG's current contract expires in May 2012. Given the dissolution of redevelopment in California, separate contracts must be negotiated for the City, Successor Agency, and Housing Authority. Due to future economic uncertainty, staff is proposing one- year terms for these contracts, with the option to renew for an additional year. ,.*'a 034 Staff is proposing RSG provide the following services: Assistance with Successor Agency administration Assist with monitoring of affordable housing programs to ensure residents meet income and asset requirements Prepare required annual reports for the California Department of Housing and Community Development Administer the Housing Authority's silent second trust deed program, which was transferred upon the dissolution of redevelopment. It should be noted that the costs for the first item can be covered by the Successor Agency administrative budget allowance; and the costs for the next three items can be covered by the Recognized Obligation Payment Schedule. Staff is seeking Successor Agency authorization to negotiate a new contract with RSG, or direction to prepare a Request for Proposals for the services listed above. FINDINGS AND ALTERNATIVES: The alternatives available to the Successor Agency include: 1 Authorize staff to negotiate a new contract with the Rosenow Spevacek Group for consulting services related to Successor Agency administration and affordable housing compliance monitoring; or 2. Do not authorize staff to negotiate a new contract with the Rosenow Spevacek Group and direct staff to prepare a Request for Proposals for the above -listed services; or 3. Provide staff with alternative direction. Respectfully submitted, �1� 11196,d� Debbie Pow6ll Economic Development/Housing Manager Approved for submission by: 1�, I '� ,-:- Mark Weiss, Interim Executive Director 110