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2012 04 17 SACITY AS SUCCESSOR ACENCY 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 I La Quinta, California Regular Meeting TUESDAY, APRIL 17, 2012 AT 4:00 P.M. Beginning Resolution No. SA 2012-006 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 APRIL 3, 2012 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion., APPROVAL OF DEMAND REGISTER DATED APRIL 17, 2012 ..0-01 CITY AS SUCCESSOR AGENCY TO RDA 1 APRIL 17, 2012v 2. RECEIVE AND FILE TREASURER'S REPORT DATED FEBRUARY 29, 2012 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT FOR FEBRUARY 29, 2012, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING MARCH 31, 2012 4. ADOPTION OF A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATES OF ACCEPTANCE FOR DEEDS AND OTHER CONVEYANCES 5. APPROVAL OF AN APPROPRIATION TO FUND A LOAN TO CORAL MOUNTAIN PARTNERS, LP FOR THE CONSTRUCTION OF A 176-UNIT AFFORDABLE HOUSING DEVELOPMENT EAST OF THE INTERSECTION OF DUNE PALMS ROAD/HIGHWAY 111 BUSINESS SESSION - NONE STUDY SESSION — NONE REPORTS AND INFORMATIONAL ITEMS 1 . OVERSIGHT BOARD MINUTES OF MARCH 7, 2012 ADJOURNMENT The next regular meeting of the City as Successor Agency to the La Quinta Redevelopment Agency will be held on May 1, 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 April 13, 2012. DATED: April 13, 2012 SUSAN MAYSELS, Interim City Clerk City of La Quinta, California APRIL 17, 2012 0 CITY AS SUCCESSOR AGENCY TO RDA 2 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 Calls Tampico, La Quints, California, 92253, during normal business hours. 1# CITY AS SUCCESSOR AGENCY TO RDA 3 APRIL 17, 2012 . .6 003 Tit�p 4 4 Oka COUNCIL&EETING DATE: April 17, 2012 ITEM TITLE: Approval of Demand Register Dated April 17, 2012 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: It is recommended the Successor Agency of the La Quinta Redevelopment Agency: Receive and File the Demand Register Dated April 17, 2012 of which $0.00 Represents Successor Agency Expenditures as detailed below: Vendor: Account M Amount: Purpose: None 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. In M11 I Respectfully submitted, '44/1 dxw�� M. Falconfer, Finance Director Approved for submission by: Mark Weiss, Interim Executive Director ..to , 005 T-df 4 4 a" CITY[EKIHA / FA MEETING DATE: April 17, 2012 AGENDA CATEGORY: BUSINESS SESSION: ITEM TITLE: Receive and File Treasurer's Report dated February 29, 2012 CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: 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 006 witit 4 4 Qamrry e8UW1Eu%B* MEETING DATE: April 17,2012 ITEM TITLE: Receive and File Revenue and Expenditure Report for February 29, 2012 and Investment Summary Report for the Quarter Ending March 31, 2012 RECOMMENDATION: Receive and File. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 3 sA STUDY SESSION: PUBLIC HEARING: Receive and File the Statement of Revenue and Expenditures for February 29, 2012 and Investment Summary Report for the Quarter ending March 31, 2012 for the Successor Agency to the La Quinta Redevelopment Agency. Respectfully submitted, �yJohn 0 007 Approved for submission by: — I Lt' " L'- Mark Weiss, Interim �Executive Director Attachments: 1 . Revenue and Expenditures for February 29, 2012 1 2. Investment Summary Report dated March 31, 2012 �E$ 2 SUCCESSOR AGENCY REVENUE SUMMARY 0710112011 - 0212912012 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED PROJECT AREA NO. I Adnnih County of �versida Pooled Cash Allocated Interest Non Allocated Interest Transfers In TOTAL PA I PROJECT AREA NO. 2 Admin County of Ruver.,da Pooled Cash Allocated Interest Non Allocated Interest Transfers In TOTAL PA 2 TOTAL SUCCESSOR AGENCY - ADIMN PROJECT AREA NO. I Progrann County of Rtyerside Pureed Cash Allocated Interest Non Allocaled Interest Transfers In TOTAL PA I PROJECT AREA NO. 2 Program County of Fb�erurde Pooled Cash Allocated Interest Non Allocated Interest Transfers In TOTAL PA 2 286,54000 0,00 286.540.00 0,000% 000 000 000 0000% coo 000 0,00 0 m0% 0�00 000 000 0,000% 206,540,04) 000 286.540.00 0 OW% 141.13100 0.00 141,131,D) 0000% 000 000 000 0,00% 0,00 0,00 ow 0000% 0.00 -- 000 000 0000% 141,131,00 000 141 131 �00 'LD00% 427,671.M 5.432.44&00 000 5,432,448.00 0Cw% 0�00 (100 0,00 0000% 0.00 0.00 0.00 0.000% 8,976.264 00 8,979,5,13 611 (3,27961) 100.0,10% 14�408,712.00 8,979,543.61 5,429.168,39 62.320% 1,493.269d(t 0,00 1.493,269 00 G,WO% 0.00 0,00 000 0,000% 0.00 000 0�00 0000% 555.178,00 393,140b(5 162,037,N 70810% 2,048.447 00 393.14006 1.665,23M 94 19 190% TOTAL SUCCESSOR AGENCY - PROGRAM 16,457,159.130 9,372,683,67 7.013,1.475 33 56950% TOTAL SUCCESSOR AGENCY 16,884,830.00 9,372,683,67 7512,14633 55510% ME SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY REVENUE SUMMARY PROJECT AREA NO. I LOWINIODERATE TAX FUND: Tax Increment Allocated Interest Non Allocated Interest Miscellaneous revenue Non Allocated Interest Home Sales Pnoneeds Sale of Land Sewer Subsidy Rein-bursernabints Rehatodfitabon Loan Repayments 2nd Trust Deed Repayment Wthams Note Payment Transfer In TOTAL LOWIMOD TAX DEBT SERVICE FUND: Tax Increment Allocated Interest Non Allocated Interest Interest - County Loan Interest Advance Procaeds Transfers In TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND Pooled Cash Allocated Interest Non Allocated Interest Developer Agreement Funding Sale of Land Proceeds Rental Income Litigation Proceeds Transfers In TOTAL CAPITAL IMPROVEMENT 0710112011 - OV29?2012 ADJUSTED REMAINING % BUDGET RECEIVED BUDGET RECEIVED 4.123,224.00 4.123,22439 (0.39) 100.000% "'(500.00 7,332,91 37,267.09 16A40% 0.00 1,039.40 (1,039.40) 0.000% 0.00 1,226.22 (1,226.22) 0.00% 0.00 0.00 0.00 0g00% 0.00 0.,X 0.00 0,000% 0.00 0.00 0.00 0.000% 0.00 1,467.84 (1,467.84) 0.000% D.W 0.00 0.00 0.000% 0�00 0.00 0.00 0.000% 000 000 000 0000% 000 0,00 000 0,000% 4,167,824,00 4,134,290.76 33-533.24 99.200% 16,5t)5,087.00 16 505.087.35 (035) 100go0% 3.000nO (13,122.95) 16,122.95 437430% 0go 0.00 0.00 0.000% 000 0.00 000 0�000% 0,00 0.00 0.00 0.00% 11,647,690,00 11,850 870,33 (3 28033) 100.030% 25,355,677,00 28 342 834.7� 12,M2.27 99S50% 25,700.00 (7,742.60) 33,44280 -30,130% 18.800.00 4.423.55 14.376,45 23�530% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0.000% 0.00 0.00 0.00 0g00% 5,000,000.00 0.00 5.000,000.00 0.000% 5,041�2���-g.070% 2011 TAXABLE HOUSING BOND FUND: Pooled Cash Allocated Interest 0,00 0�00 0.00 0.000% Non Allocated Interest 6,000,00 5,624.62 (624.62) 112,490% Developer Agreement Funding 000 0.00 0�00 0�000% Sale of Land P ... earls 0,00 0,00 000 0 00% Rental Income 0,00 0.00 0,00 0000% Litigation Proceeds 0.00 0.00 0.00 0 00o% Transfers In 0.00 0.00 0.00 0,000% TOTAL 2011 TAXABLE HOUSING BOND 5,00000 5,624.62 (624.62) 112490% 1, lis 010 SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY REVENUE SUMMARY PROJECT AREA NO, 2 LOWIMODERATE TAX FUND: Tax Increment Allocated Interest Non All ... had Interest Developer funding 2rd Trust Deed Repayment Sale of Land Transfer In TOTAL LOWIMOD TAX 2004 LOWIMODERATE BOND FUND: Allocated Interest Home Sale Proceeds Non Allocated Interest Transfer In TOTAL LOWIMOD BOND DEBT SERIACE FUND: Tax Increment Allocated Interest Non Allocated Interest Interest Advance Proceeds Transfer In TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND' Allocated Interest Non Allocated Interest Misc Revenue Sale of land Transfers In TOTAL CAPITAL IMPROVEMENT 07MI12011 - 02`29=12 ADJUSTED REMAJINING % BUDGET RECEIVED BUDGET RECEIVED 2,341.482�00 2,341,482,34 (0,34) 100000% 60,800,00 23,986.01 36,813.99 39A50% 0,00 0.00 0.00 0�000% 0.00 0,00 0.00 0,000% 0.00 8.7".99 (8,744,99) 0,000% 0.00 0.00 0.00 0.000% 0.00 0�00 000 0.000% 2,402,202�00 2,374,213�3,1 28,068,66 98,830% 0.00 0.00 000 0000% 0.00 0.00 0.00 0.000% 5:0.00 311.00 189.00 62.200% O.DO 0.00 0.00 0.000% 500.00 311.OG 18900 62.200% 9,365,929.00 9,365,929.37 (0.37) 100.000% 200.00 (15.7S8.12) 15,9813.12 -7894.060% 0.00 262.00 (262.00) 0,000% 0.00 0.00 0.00 0,000% 1,453,098.00 1,338.607.38 114,4W.62 92120% 10,819,227 00 10,689,010.63 130.216.37 98.800% 0.00 2,19543 (2.195.43) 0,000% 76,802.00 44,678,04 32,123.96 58,170% (Loo 0.00 000 (L0D0% 0.00 0.00 0,00 0,000% 1,650,00.00 0.00 1,650,000 00 0.000% 4687347 1 67992853 2,710% 2011 TAXABLE NOIN�HOUSIING BOND FUND: Pooled Cash Allocated Interest 89,356.00 0,00 B9.356,00 D.000% Non Allocated Interest 0.00 103.00 (103.00) 0�000% Developer Agreement Funding 0�00 0,00 ODO 0.000% Sale of Land Proceeds 000 0,00 0.00 0000% Rental Income 000 0.00 0.00 0000% Litigation Proceeds 0.00 0.00 0.00 0000% Transfers In 0,00 0.00 0.00 0.000% TOTAL 2011 TAXABLE NON -HOUSING BOND 89,356.00 103,00 69.253.00 0,120% Oil SUCCESSOR AGENCY ADJUSTED OV29112 REIAAJNING EXPENDITURE SUMMARY BUDGET EXPENDITURES ENCUMBERED allMET 237 PROJECT AREA NO. I: SERVICES 99,864 00 0 00 Goo 99,1584LOO REIMBURSEMENT TO GEN FUNC 186 6% Do 192.928 W 000 16.27200) TRANSFERS OUT Bw 0 DO 000 0 00 TOTAL PA I - Admin 238 PROJECTAREAN0.2- 231 PROJECTAREANOJ� SERVICES 49,196,D) coo 0,00 49.19600 REIMBURSEMENT TO GEN FUN[ 91,935,D) 46,200,00 oba 45.735 00 TRANSFERS OUT Bw Bou a 00 0,00 TOTAL PA 2 - Minki 141.131 M TOTAL SUCCESSOR AGENCY - AxftWn 421,611.00 SERVICES 36,40000 0 30 Goo W.400 GO BOND PRINCIPAL 0.00 0.00 000 000 BONDINTEREST 5,393,338,00 0 m 000 5,393,338 00 REIMBURSEMENT TO GEN FUNC 2.710,G) 0 00 0 GO 2,71000 TRANSFERS OUT 0�00 000 0 00 000 TOTAL PA I - Pmgmm 232 PROJECT AREA NO. 2 SERVICES 51,60)w 0 DO 0 00 5l'oBo w BOND PRINCIPAL DONDINTEREST 1409,17900 0 00 0 00 1 409,179 W REIMBURSEMENT TO GEN FUN[ 32,4WB0 a 00 Bw 490 DO TRANSFERS OUT a Do 0 00 DO .32 0 w TOTAL PA 2 - Pr"mm 1.493,269,130 0 00 TOTAL SUCCESSOR AGENCY - P.,.. 6 925,/1 f 00 TOTAL SUCCESSOR AGENCY .1.41" 012 N SUCCESSOR AGENCY TO THE ADJUSTED OV2WI2 REMAINING LA QUINTA REDEVELOPMENT AGENCY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDITURE SUMMARY PROJECT AREA NO. 1: LOWIMODERATE TAX FUND SERVICES 522 850 00 28781418 O'N 235,035,62 2�d TRUST DEED PROGRAM 520,W0,00 81,000 00 0,00 439.000 00 HABITAT FOR HUMANITY 300.160.00 5.100,00 000 295 060 00 LANDACQUISITION 000 000 000 0,00 LOW MOD HOUSING PROJECTS 000 000 000 000 FORECLOSURE 80000000 000 0 w 800,00000 REIMBURSEMENT TO GEN FUN[ 46174100 413 550 � 0,00 48,19094 TRANSFERS OUT 9,531,166 00 601 0711. " 0 1:3132 4gl5l TOTAL LOINNOD TAX n 73 .!22T a MI 5 7!6 27 DEBT SERVICE FUND: SERVICES Q9,212 00 QS524,30 0.00 M7 70 BOND PRINCIPAL 3,540,000.00 3,540,000.00 000 0 00 BONDINTEREST 3,418.315.W 3,418,31563 000 (0.63) PASS THROUGH PAYMENTS 9,820.486.01) 9,820.484 57 000 1." ERAF SHIFT 0.03 0,00 000 1100 TRANSFERS OUT 1687757400 11 8MI853 71 0,00 4 996 720 29 TOTAL DEBT SERVICE 34tMUT00 ------ CAPITAL IMPROVEMENT FUND: SERVICES 205,700.00 66,M3,07 am IM,W6,93 REIMBURSEMENT TO GEN FUNC 271,985,00 213,739.21 0�00 N,245 79 TRANSFERS OUT 31 171 576 00 10274.919.10 0 00 20.8%65690 TOTAL CAPITAL IMPROVEMENT 31!649:26EW 10'Sbg.491,38 2011 TAXABLE HOUSING BOND(MO) SERVICES 11,00000 867822 0.00 2.321 78 TRANSFERS OUT 25,526,567.00 12 157 0160 255 5 4.gI2011 63 TOTAL Mll TAXABLE HOUSING BOND 20!747 5 Uo 2 5�6 41 013 SUCCESSOR AGENCY TO THE ADJUSTED OV29112 REMAINING LA QUINTA REDEVELOPMENT AGENCY BUDGET EXPENDITURES ENCUMBERED BUDGET EXPENDITURE SUMMARY PROJECT AREA NO, 2� LOVINODERATE TAX FUND: SERVICES 2ND TRUST DEEDS 325,390 W 0.0 170,040.31 0GO im,ug.69 LOW MOD HOUSING PROJECTS 3 (XX) 00 0�0) O.W Gw O.W am FORECLOSURE ACQUISITION 450:000.w o.m 000 3,(XX)GO 450 000.W REIMBURSEMENT TO GEN FUN[ 261620.00 2U,544,62 0.00 27,075.38 TRANSFERS OUT TOTAL LOWIMOD TAX 13,552,022 00 14.59,,uJz vu 2 US 511 N 2,950,L96_W------GZ 0 w --- m 110 955150 7063 TT,)64, 20" LOWIMODERATE BOND FUND HOUSING PROGRAMS 000 000 0 m 000 �AND TRANSFERS OUT 0 w 3307,15500 O.W �313 000 000 '�IM151�22227 TOTAL LOVINOD BOND 33U0j.gl227 7 u uv ;17 7 DEBT SERVICE FUND: SERVICES BOND PRINCIPAL 2,16,058,W 241,542 80 om 4,525,20 BONDINTEREST 380 OW�00 252,757,W 130,M 00 252,75707 O.W 000 250,M�00 PASS THROUGH PAYMENTS 8,215.043.W 8,019,032,65 000 (0,07) 196 010.35 ERAF SHIFT 000 &DO 000 000 TRANSFERS OUT 3,65561600 200561547 0 w 165 TOTAL DEBT SERVICE CAPITAL IMPROVEMENT FUND: I DO. 503160 613 I SERVICES CAPITAL 99845,00 6367151 o.m W.1 73 49 REIMBURSEMENT TO GEN FUN[ 000 91,592,w 0,00 63,074,11 000 000 000 28517.89 TRANSFERS OUT TOTAL CAPITAL IMPROVEMENT 1 796 9� w 79,50308 000 1,717,440 92 T=T- 2011 RDA 2 TAXABLE BOND FUND:(417) SERVICES IlSmoo 8,49131 o.m 3.W8 69 ECONOMIC DEVELOPMENT 0 w 0.00 1,5W,OOO.W TRANSFERS OUT 2 422 W W 2.T6559.1"2 0,00 2 420 286 18 TOTAL RDA NO. 2 TAXA13LE BOND ,::�4*00 'T T S ,..% 1 014 D ATTACHMENT 2 E E E 02 z zzzz ZZ-6tz 15 1-1 22222 c 0 0 0 0 0 2222� > .0 0 2: uAw 0 0 ago -0 affT�B .000 0 < 0 < 0 w 0 m ma�ax m 0 .00 1� W�- c c c c c ...... .... mmmmmm mmmmmo 0 0 DDDODD J E 0 0 2 0 E (7) > -6 0 0 0 E L 0 .6 0 0 0 E 6 E 0 c 0 Q. -:3-- 16 zo .6 0 z, 0 m ;6 E �Q f; E x m -6 E 0 E R E ,.2s u z > S2 c E 16 76 az 42 ME 0 0 E 0 204 t 015 RI Ck � r�4'� CityMHA /FA MEETING DATE: April 17, 2012 ITEM TITLE: Adoption of a Resolution Authorizing the Executive Director to Execute Certificates of Acceptance for Deeds and Other Conveyance RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT C ALENDAR. STUDY SESSION: PUBLIC HEARING: Adopt a Resolution of the City of La Quinta as Successor Agency to the Dissolved La Quinta Redevelopment Agency ("Successor Agency") authorizing the Executive Director to execute Certificates of Acceptance for deeds and other conveyances that have been approved for acquisition and/or acceptance by the Successor Agency, or that involve the acceptance of easements or right-of-ways. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The Successor Agency must authorize the acquisition of easements and/or real property. The Successor Agency must also authorize the recording of all easements, deeds and other conveyance instruments. Government Code §27281 states: "Deeds or grants conveying any interest in or easement upon real estate to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its certificate or resolution of acceptance attached to or printed on the deed or grant. " Government Code §27281 also states: "A political corporation or governmental agency, by a general resolution, may authorize one or more officers or agents to, accept and consent to such deeds or grants. " 0 016 The proposed resolution grants the Executive Director, and in her/his absence, the Interim, Acting or Assistant Executive Director authority to execute certificates of acceptance for deeds and other conveyances that have been approved for acquisition and/or acceptance by the Successor Agency. The resolution also grants the authority for the acceptance of easements or right-of-ways. FINDINGS AND ALTERNATIVES: The alternatives available to the Successor Agency include: 1 Adopt a Resolution of the Successor Agency authorizing the Executive Director to execute Certificates of Acceptance for deeds and other conveyances that have been approved for acquisition and/or acceptance by the Successor Agency, or that involve the acceptance of easements or right-of-ways; or 2. Do not adopt a Resolution authorizing the Executive Director to execute Certificates of Acceptance for deeds and other conveyances; or 3. Provide staff with alternative direction. Respectfully submitted, Susan Maysels, lnterin�pity Clkk Approved for submission by: " 2� 0-1�— Mark Weiss, Interim Executive Director if 017 RESOLUTION NO. SA 2012 - A RESOLUTION OF THE CITY OF LA QUINTA ACTING AS THE SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE CERTIFICATES OF ACCEPTANCE FOR DEEDS AND OTHER CONVEYANCES WHEREAS, Government Code Section 27281 requires that deeds or grants conveying any interest in or easement upon real estate to a governmental agency for public purposes shall not be accepted for recordation without the consent of the governmental agency evidenced by its certificate or resolution of acceptance attached to or printed on the deed or grant; and WHEREAS Government Code Section 27281 also states that a governmental agency, by a general resolution, may authorize one or more officers or agents to accept and consent to such deeds or grants. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta Acting as the Successor Agency to the Dissolved La Quinta Redevelopment Agency ("Successor Agency") as follows: Section 1. The Executive Director is authorized on behalf of the Successor Agency, to execute acceptances and consents for all deeds, grants and other conveyances, transmitting any interest in real estate for public purposes where such acquisitions, acceptances and/or consents were approved by the Successor Agency. The Executive Director is also authorized to execute acceptances and consents that involve the acceptance of easements or right-of-way for public improvements without the prior approval of the Successor Agency, as such approval is granted in this Resolution. Section 2. If the Executive Director is unavailable to execute the acceptance and consent, the Interim, Acting or Assistant Executive Director is so authorized. PASSED, APPROVED, and ADOPTED at a regular meeting of the Successor Agency held on this 17 1h day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 6 018 Resolution No. SA 2012- Executive Director Signature Authorization Certificates of Acceptance Adopted: April 17, 2012 Page 2 of 2 DON ADOLPH, Chairperson City of La Quinta Acting as Successor Agency to the Dissolved La Quinta Redevelopment Agency ATTEST: Susan Maysels, Interim Secretary City of La Quinta Acting as Successor Agency to the Dissolved La Quinta Redevelopment Agency (AGENCY SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, Attorney City of La Quinta Acting as Successor Agency to the Dissolved La Quinta Redevelopment Agency to 019 FAMEETINGDATE: April 17, 2012 ITEM TITLE: Approval of an Appropriation to Fund a Loan to Coral Mountain Partners, L.P. for the Construction of a 1.76-Unit Affordable Housing Development East of the Intersection. of Dune Palms Road/Highway 111 and a Transfer of the Funds to the La Quinta Housing Authority RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an appropriation of $21,540,268 to fund a loan to Coral Mountain Partners, L.P., pursuant to a Disposition and Development Agreement, for the development of the 176-unit Coral Mountain Apartments affordable housing community, and a transfer of the funds to the La Quinta Housing Authority, subject to the final action of the Department of Finance's review of that Agreement. FISCAL IMPLICATIONS: The Disposition and Development Agreement ("DDA") with Coral Mountain Partners, L.P., provides for a loan of up to $29,000,000 of former La Quinta Redevelopment Agency ("LQRDA") housing funds, which are now held by the Successor Agency, to facilitate the development of 176 affordable multi -family units. The DDA also provides that the La Quinta Housing Authority ("Authority") as the "housing successor" to the former LQRDA will lease a 9.89 acre parcel to Coral Mountain Partners, L.P. for a minimum of 55 years, with the option for two 1 0-year extensions. At the conclusion of the ground lease, the real property and all of the improvements will revert to the Authority. A total of $7,459,732 was previously appropriated to the Coral Mountain Project. To fully fund the $29,000,000 loan, another $21,540,269 ' must be appropriated from Low/Mod funds on hand. Therefore, funds must be re -allocated from other projects as follows: 020 Dune Palms Road Street Work For Previously Planned Adjacent Affordable Housing Project PA 2 $ 1,704,573 Washington Street Apartments — PA 2 $ 7,008,718 Low/Mod Available Fund Balance PA 1 $ 3,000,000 Low/Mod Available Fund Balance PA 2 $ 9,826,978 Total Prior Appropriation to other projects $21,540,269 It should be noted the above -listed funds for Washington Street Apartments consist only of the PA 2-low/mod funds on hand that were previously appropriated for the project. The Agency Board had also appropriated 2004 tax-exempt bond proceeds for the project. The staff's recommendation will be to use a combination of 2004 tax- exempt bond proceeds and the 2011 taxable bond proceeds to fund construction of Washington Street Apartments. The Washington Street Apartments project is currently on hold until the State makes a determination, or legislation is passed, allowing Successor Agencies/Ho using Successors to retain the 2005 and 2011 bond proceeds. Because the proposed affordable housing project at Dune Palms/Westward Ho cannot be funded due to the dissolution of redevelopment, the accompanying Dune Palms Street Improvement project is no longer proceeding. On April 10, 2012, staff was notified that the Department of Finance ("DOF") is reviewing certain items on the Successor Agency's Recognized Obligation Payment Schedule (ROPS), including the Coral Mountain DDA. The DOF's review is scheduled to be completed by April 20, 2012. Given this fact, staff plans to delay the transfer of funds associated with this appropriation until after the DOF has confirmed the DDA is an enforceable obligation. BACKGROUND AND OVERVIEW: The LORDA approved this DDA in January 2011 after years of negotiation. 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; an appropriation is needed to formally dedicate these funds to this project. This investment will facilitate the development and operation of a 1 76-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 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 If 021 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. The Oversight Board of the Successor Agency to La Quinta Redevelopment Agency reviewed this item at its April 4, 2012 meeting. The Oversight Board adopted Resolution No. OB 2012-007 (Attachment 1), authorizing the Housing Authority to administer and implement the DDA, including, without limitation, the leasing of the property and the provision of financial assistance to Coral Mountain Partners, L.P.; and, determining that the Oversight Board will not direct the Successor Agency to terminate or renegotiate the DDA. Pursuant to ABx1 26, the DOF has three business days to review the actions of an oversight board. If the DOF requests a review of an oversight board action, it then has 10 days from the date of its request to approve the oversight board action or return it to the oversight board for reconsideration. Staff transmitted this action to the DOF immediately after the Oversight Board meeting on April 4, 2012 at 4:45 p.m.; therefore, the DOF had until April 9, 2012 to request a review. The DOF has not requested a review of the Oversight Board action, but, as explained above, the DOF has requested a review of the Coral Mountain DDA in connection with its review of the ROPS. Staff will therefore wait until that review is completed before making the fund transfer. FINDINGS AND ALTERNATIVES: The alternatives available to the Successor Agency include: Approve an appropriation of $21,540,269 to fund a loan to Coral Mountain Partners, L.P., pursuant to a Disposition and Development Agreement, for the development of the 1 76-unit Coral Mountain Apartments affordable housing community, and a transfer of the funds to the La Quinta Housing Authority, subject to the final action of the Department of Finance's review of that Agreement; or 2. Do not approve an appropriation of $21,540,269 to fund a loan to Coral Mountain Partners, L.P., pursuant to a Disposition and Development Agreement, for the development of the 176-unit Coral Mountain Apartments affordable housing community; or 3. Provide staff with alternative direction. I'll 022 Respectfully submitted, Debbie Powell Economic Development/Housing Manager Approved for submission by: Mark Weiss, Interim City Manager Attachment: 1 . Oversight Board Resolution 2012-007 .. 4 023 ATTACHMENT I RESOLUTION NO. OB 2012-007 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY MAKING CERTAIN ACKNOWLEDGMENTS AND APPROVALS WITH RESPECT TO THE CORAL MOUNTAIN PROPERTY AND DISPOSITION AND DEVELOPMENT AGREEMENT AND AUTHORIZING THE CONTINUED ADMINISTRATION AND IMPLEMENTATION OFTHESAME WHEREAS, the Oversight Board of the Successor Agency to La Quinta Redevelopment Agency ("Oversight Board") has been established to direct the City of La Quinta, in its capacity as "successor agency," to take certain actions to wind down the affairs ' of the former La Quinta Redevelopment Agency ("Agency") in accordance with the requirements of Assembly Bill 26, also known as chapter 5, Statutes 2011, First Extraordinary Session, which added Part 1.8 and Part 1.85 of Division 24 of the California Health and Safety Code ("ABxl 26"); and WHEREAS, the Agency and Coral Mountain Partners, L.P. (the "Developer"), entered into a Disposition and Development Agreement dated January 4, 2011 (the "DDA"), pursuant to which the Agency agreed to lease to the Developer certain real property owned by the Agency and located in the City of La Quinta (the "Property"), and to provide the Developer with certain financial assistance, and the Developer agreed to develop and operate on said real property an affordable housing rental project (the "Project"); and WHEREAS, on January 2, 2012, the City Council of the City of La Quinta ("City Council" or "City," as applicable) adopted City Council Resolution No. 2012- 002, affirmatively electing to be the "successor agency" to the former Agency; and WHEREAS, on January 17, 2012, the La Quinta Housing Authority ("Authority") adopted Housing Authority Resolution No. 2012-02, electing to be the "housing successor" to the former Agency; and WHEREAS, pursuant to Health and Safety Code section 34175(b), added by Part 1.85 of Division 24 of the California Health and Safety Code ("Part 1.85"), on February 1, 2012, the DDA and the Property were transferred to the control of the City, in its capacity as "successor agency" to the former Agency; and WHEREAS, pursuant to Health and Safety Code Section 34177(g), added by Part 1.85, on March 7, 2012, the City, in its capacity as the "successor agency" to the former Agency, (i) assigned all of its interests in the DDA to the Authority; I 024 Resolution No. OB 2012-007 Approval of Coral Mountain DDA Adopted: April 4, 2012 Page 2 and (ii) quitclaimed all of its interests in the Property to the Authority; and NOW, THEREFORE, the Oversight Board of the Su ccessor Agency to La Quinta Redevelopment Agency does hereby resolve as follows: SECTION 1. The above Recitals are true and correct. SECTION 2. The City of La Quinta is the "successor agency" to the former La Qui�ta —Redevelopment Agency. SECTION 3. The La Quinta Housing Authority is the "housing successor" to the former La Quinta Redevelopment Agency. SECTION 4. The DDA and the Property are both "housing assets" of the former La Quinta Redevelopment Agency, as that term is used in Health and Safety Code Sections 341 76(a) and 341 77(g). SECTION 5. The Authority has the right and authority to administer and implement the DDA, including, without limitation, the leasing of the Property and the provision of financial assistance to the Developer pursuant to the terms thereof, and no further approvals or authorizations are required by the Oversight Board with respect to the same. SECTION 6. The Oversight Board has determined not to terminate or renegotiate the DDA pursuant to its authority under Health and Safety Code Section 34181 (e). PASSED, APPROVED and ADOPTED at a regular meeting of the Oversight Board of the Successor Agency to the La Quinta Redevelopment Agency held this 4 1h day of'April, 2012 by the following vote, to wit: AYES: Board Members Ellis, Marshall, Maysels, McDaniel, Osborne and Chairperson Pefia NOES: None ASSENT: Board Member Nelson ABSTAIN: None Resolution No. OB 2012-007 Approval of Corat Mountain DDA Adopted: April 4, 2012 Page 3 ATTEST: Oversight Board ( vl, JOHWRMA, hairperson Oversight Board of the Successor Agency to La Quinta Redevelopment Agency 026 sj'� Reports & Informational Items: OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO LA QUINTA REDEVELOPMENT AGENCY MINUTES MARCH 7, 2012 A special meeting of the Oversight Board of Successor Agency to La Quinta Redevelopment Agency was called to order at 4:00 p.m. by Interim City Manager, Mark Weiss. PRESENT: Board Members Ellis, Marshall, Maysels, McDaniel, Nelson, Osborne, Chairperson Pefia ABSENT: None -PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed PRESENTATIONS 1 . Introduction of Board Members: Wade Ellis, Director of Fiscal Services, Desert Community College District; Appointed by Chancellor of California Community College Heidi Marshall, Asst. Director, Economic Development Agency for County of Riverside; Appointed by Supervisor John Benoit Susan Maysels, City of La Quinta Employee; Appointed by Mayor of La Quinta Cindy McDaniel, Asst. Superintendent, Business Services, Desert Sands Unified School District; Appointed by Riverside County Office of Education Peter Nelson, President of Coachella Valley Water District Board of Directors; Appointed by Coachella Valley Water District Board of Directors Lee Osborne, City of La Quinta Council Member; Appointed by Mayor of La Quinta 11' 027 John Pefia, Resident of City of La Quinta, Appointed by Supervisor John Benoit 2. Swearing in of Board Members Board Members were sworn in by the City of La Quinta Interim City Clerk. BUSINESS ITEMS 1 . Election of Chair and Vice -Chair The vote was done by ballot. Chairperson: Board Member Pefia - 5 votes; Board Member Ellis 1 vote; Board Member Marshall - 1 vote. MOTION: A motion was made by Board Members Osborne/Maysels to elect John Pefia as Chairperson of the Oversight Board. Motion carried by a vote of 7 ayes, 0 nays. Vice Chairperson: Board Member Osborne - 6 votes; Board Member Maysels - 1 vote MOTION: A motion was made by Board Members Nelson/Ellis to elect Board Member Osborne as Vice Chairperson of the Oversight Board. Motion carried by a vote of 7 ayes, 0 nays 2. Designation of Contact Person for Department of Finance Inquiries Motion to appoint Interim Executive Director as Contact Person Pursuant to the Health & Safety Code, the Board must designate a person for the Department of Finance for any inquiries regarding actions taken by the Board. Staff recommended the Interim Executive Director as contact person. MOTION: A motion was made by Board Members Maysels/McDaniel to appoint the Interim Executive Director as contact person for Department of Finance inquiries. Motion carried unanimously. 3. Consideration of a Resolution Establishing the Date, Time and Location for Meeting of the Oversight Board of Successor Agency to La Quinta Redevelopment Agency OVERSIGHT BOARD MINUTES 2 MARCH 7, JO 12 W The Board adopted a resolution to meet on the Wednesday after the first and third Tuesday of the month at 2:00 p.m. beginning Wednesday, March 21, 2012. However, staff recommended canceling the March 21, 2012 meeting due to complex issues on the next agenda. Therefore, the next Board meeting will be Wednesday, April 4,2012. MOTION: A motion was made by Board Members Nelson/Osborne to adopt Resolution No. OB 2012-001 establishing the date, time and location of Oversight Board meetings as the Wednesday after the first and third Tuesday of the month at 2:00 p.m. at La Quinta City Hall, 78495 Calle Tampico, La Quinta, California. Motion carried by vote of 7 ayes, 0 nays. 4. Consideration of a Resolution Adopting Bylaws and a Resolution Adopting Rules of Procedure of the Oversight Board of Successor Agency to La Quinta Redevelopment Agency Board Member Maysels commented that the local practice of numbering minute actions is obsolete and of no use to the Board minutes. Maysels recommended that the reference to minute actions in Section 9 be deleted from the Rules of Procedures and as well as the word "Minute Order" on the first line of Section 9(a). MOTION: A motion was made by Chairperson Pefia/Vice Chair Osborne to adopt Resolution No. 2012-002 Bylaws and Resolution No. 2012-003 Rules of Procedure as amended. Motion carried by vote 7 ayes, 0 nays. Public comment: Kay Wolff, 77-927 Calle Ensenada, La Quinta Ms. Wolff had questions regarding understanding the Oversight Board: How is the public to be educated on the responsibilities of the Board, the disposition of money and property that were under the Redevelopment Agency? 2. When will Conflict of Interest Statements be filed and available to the public? 3. How can a member of the Successor Agency oversee himself on this Board? 4. How can former council members now oversee actions relating to his or her prior RDA decisions? OVERSIGHT BOARD MINUTES 3 MARCH 7 2012 029 Interim Executive Director Weiss indicated that the Board can add these items to the next agenda packet to address these questions. Chairperson Pefia stated that meetings are open to the public and will be advertised. He indicated that Conflict of Interest Form 700 will be completed by all Board members and must be filed by April 2, 2012. Vice Chairperson Osborne added that the State Legislature dictates the composition of the Board. INFORMATIONAL ITEMS 1 . Purpose of Oversight Board Staff presented staff report. Board Member Nelson asked if the attachments to the staff report were the actual law and if it was a complete summary of Oversight Board responsibilities. Staff indicated that it is complete. Board Member Nelson asked if the total amount of indebtedness of the Successor Agency will be presented to the Board. Staff stated that it will be presented in the annual budget and a summary report would be prepared for the Board at the next meeting. Vice Chairperson Osborne noted that there may be differences in interpretation of the law between the City and County with regard to sending property tax funds to the city for debt service on bonds. He asked if the resolution to those issues would come before the Oversight Board. Kathy Jenson explained how the bond payments are made. The bond payments are listed on the Recognized Obligation Payment Schedule. The payment schedule will come before the Board for approval. 2. Overview of Former La Quinta Redevelopment Agency Frank Spevacek, Principal, RSG, Inc., presented report. Vice Chairperson Osborne asked about the changing laws in Sacramento and was concerned that the Board Members would be in a position of making a decision and the laws could change and could possibly negate what the Board has done. OVERSIGHT BOARD MINUTES 4 MARCH 7, 2012 030 Mr. Spevacek explained that one of the duties of the Oversight Board is to look at existing bond issues and determine if it makes economic sense to either pay off those bond issues or restructure them to lower the amount of property tax revenue needed to retire that debt. There are currently legislative proposals in Sacramento to allow the Successor Agency to keep non -housing bond proceeds as well as potentially housing bond proceeds. At this time, this Agency has approximately $12 million/$1 3 million of non - housing bond proceeds available and approximately $28 million of housing bond proceeds available. If these legislative proposals are successful and the Successor Agency and the La Quinta Housing Authority can keep those funds, than decisions regarding those bonds would not be part of the Board's oversight. Mr. Spevacek mentioned the Recognized Obligation Payment Schedule ("ROPS"), needs to move forward. A project known as the Coral Mountain development proposal must also be addressed shortly. The Developer is going to be applying for tax credits on March 16, 2012. They will not get the award of tax credits until May 2012. The former Redevelopment Agency, when it was in existence, was looking to fund a $29 million commitment to facilitate that development through housing fund cash that the Agency was accruing over about the last three years. So that proposal will be brought forward by staff to see if 1) it meets with the Board's approval and 2) if it,does and because it is on the ROPS, it would then be sent up to the State for their blessing or contention. If the legislation passes, then it will be a non -issue; if it doesn't pass and the Board looked favorably on it and the State didn't, than we get into a gray area, which is one of the facets of ABx 1 26 (the legislation the Board is operating under). The second project is the Torre Nissan remodel. Currently, that facility has been demolished. The showroom is a series of tents and temporary structures and inventory is now displayed throughout their blacktop facility. The Agency committed through an owner participation agreement to provide $1.5 million to facilitate the remodel. The fund designated for that are taxable Project Area No. 2 bonds, of which out of the $3.9 million proceeds amount, $1.5 million is designated for the Torre Nissan remodel. This issue will be brought forward in April to seek Board approval. If the Board agrees with that proposal and it is approved, then those funds would be designated for Torre Nissan, sent up to the State Department of Finance for review. If they do not give it their blessing, then we fall into the gray area again. At this point, staff is trying to balance moving some proposal forward for Board consideration because third parties that are under contract, are on a set time frame to move forward. The Board needs to facilitate their time frames and their funding needs and at the same time, there are no absolute guarantees in terms of what the State's position will be or what the Board's collective position will be on blessing or not blessing pending projects. OVERSIGHT BOARD MINUTES 5 MARCH 7, 2012 . M 031 Vice Chairperson Osborne asked for clarification on the State's review of all Board decisions. The State has three days after each Board meeting to question any decision and ten days to approve the action or return it to the Board for reconsideration. If the Board does not hear anything from the State, it is assumed that they have agreed or allowed the Board to move forward with what they decided. CHAIR AND BOARD MEMBERS' ITEMS — None ADJOURNMENT There being no further business, it was moved by Board Members Nelson/McDaniel to adjourn. Motion carried unanimously. Respectfully submitted, LORI LAFOND Oversight Board Secretary OVERSIGHT BOARD MINUTES 6 MARC� 71,2012 032