RDA Resolution 1989-11 RESOLUTION NO. RDA 89-11
A RESOLUTION OF THE LA QUINTA REDEVELOPMENT
AGENCY APPROVING THE EXPANSION OF A PROGRAM
FOR THE FURNISHING OF ASSISTANCE FOR
AFFORDABLE HOUSING AND AUTHORIZING THE
EXPENDITURE OF AGENCY FUNDS PURSUANT TO SUCH
PROGRAM
WHEREAS, the La Quinta Redevelopment Agency the Agency") is in the
process of implementing the Redevelopment Plan for Redevelopment Project Area No.1
as adapted by City of La Quinta Ordinance No.34 the Project); and
WHEREAS, the Redevelopment Plan the Redevelopment Plan") for the Project
provides that certain funds are to be made available to improve and expand the supply
of low-and moderate-income housing, in conformity with the provisions of Section
33334.2 of the California Health and Safety Code; and
WHEREAS, the Redevelopment Plan provides for the provision by the Agency of
certain public improvements; and
WHEREAS, the City of La Quinta the City") has established and implemented an
Assessment District Assessment District 88-1), which will provide certain sewer and
related infrastructure improvements the Improvements") of benefit to residents of the
Project Area of the Prolect; and
WHEREAS, Hook-Up Fees will be levied against property owners wishing to have
their property connected to the sewer improvements; and
WHEREAS, although the Improvements will be of benefit once completed, the
imposition of an Assessment and Hook-Up Fee to defray the cost of such Improvements
would create a burden for certain residents of the affected area, particularly those of
limited means; and
WHEREAS, the Agency currently implements an Assessment Subsidy Program
which provides assistance to defray the cost of the assessment by the District for the
benefit of persons who qualify due to income or who covenant to provide affordable
housing for a fifteen-year period the Minimum Period"); and
WHEREAS, it is proposed that the Program be augmented for the expansion of
the Assessment Subsidy Program to include a provision for Hook-Up Fee Subsidies; and
WHEREAS, extending the Program to an additional Assessment District
Assessment District 89-2) within Project Area No. 2 would allow for continuing
Improvements" to be made available to a greater portion of the City's population; and
WHEREAS, the Program for the provision of such assistance the Program") and
the inclusion of a subsidy for Hook-Up Fees, is described in the Statement of the La
Quinta Redevelopment Agency Assessment/Hook-Up Fee Subsidy Program the
Statement"), which is attached hereto as Exhibit A", and which, together with all
attachments thereto, is incorporated herein by reference; and
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RESOLUTION 110. RA 89-11
WHEREAS, the provision of the Improvements will benefit the Project Area and
Project Area No.2 the quoted Project Areas); and
WHEREAS, there is no other reasonable means available to the community to
finance the improvements; and
WHEREAS, the implementation of the Program benefits the Project Areas and the
community and the proposed expansion of the Program wZll provide further benefits.
NOW, THEREFORE, the La auinta Redevelopment Agency does resolve as
follows:
1. The Agency finds and determines that: a) the provision of the
Improvements will benefit the Project Areas; b) there is available to the community no
other reasonable means of financing the Improvements than that set forth in the
Statement, and c) the Assessment Subsidy Program is currently being implemented.
2. The Agency approves the ProgramZ' to include a Hook-Up Fee Subsidy as
described in the Statement and to extend the Program' to an additional Assessment
District Assessment District 8g-2). The Chairman and Executive Director are authorized
to execute on behalf of the Agency all documents necessary and proper to effectuate the
provisions of the Program, as described in the Statement.
PASSED, APPROVED AND ADOPTED this 6th day of June 1989 by
the following vote:
AYES: Council Members Bohnenberger, Bosworth, Rushworth,
Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None ChairmZj$Z Z 1Z
AZST: 1
Z SecretaryZ
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RESOLUTION NO RA 89-11
STATEMENT OF THE LA QUINTA REDEVELOPMENT AGENCY
ASSESSMENT/HOOK-Up FEE SUBSIDY PROGRAM
PROGRAM PURPOSE
The La Quinta Redevelopment Agency acknowledges that the Cove community lacks and/or is
in need of infrastructure improvements, and that these deficiencies adversely affect housing
conditions. Additionally, the Agency has determined that it is vital that such infrastructure
improvements be made to enable the Agency and the City of La Quinta to increase and
improve the supply of affordable Very Low, Low and Moderate Income housing that is located
in the area. Therefore, the Agency and the City will jointly institute and finance a public
improvements program utilizing an Assessment District with improvements funded by 1915 Act
Improvement Bonds. Although the contemplated infrastructure improvements will benefit those
persons of Very Low, Low or Moderate Income living in the area, the imposition of the
assessments may create financial difficulties. In an effort to achieve needed public
improvements to increase and improve the community's supply of affordable housing and to
alleviate any financial hardship, the Agency is establishing the following Assessment/HookZUp
Fee Subsidy Program to maintain the affordability of the community's housing stock.
The Assessment/Hook-Up Fee Subsidy Program for Low and Moderate Income Households
will provide the funding mechanism to enable the Agency and the City to utilize the 1915 Act
Improvement Bonds to pay for needed infrastructure improvements while maintaining
affordable housing for Very Low, Low and Moderate Income residents.
In addition to providing financial assistance to eligible property owners for funding infrastructure
improvements which include a new sewer system, the Assessment/Hook-Up Fee Subsidy
Program will also fund payment of Hook-Up Fees which are required to collapse or fill the
property owner's septic tank and connect the property to the new sewer system.
The Program was initially limited to qualified property owners within Assessment District 88-1
and provided for Assessment Subsidies only. The expanded Program encompasses
Assessment District 88-1 and the proposed Assessment District 89-2 and provides subsidies for
both Assessment and Hook-Up Fee Payments. If continued to be successful, the
Assessment/Hook-Up Fee Subsidy Program may be made available to other qualifying areas
of the community; however, no commitment has been made to extend the availability of the
Program beyond the scope described in this Statement.
DEFINITIONS
The meaning of the various terms, as used herein, shall be as follows:
Assessment Subsidy Definitions
Annual Assessment Payment" means the annual levy of pnncipal and interest that would
be charged against the property through the enactment of the Assessment District.
Assessment Pavment" means the total of the annual installments of principal and
interest that would be levied against the property through the enactment of the
Assessment District.
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RESOLUTION NO RA 89-11
Assessment Subsidv" means the financial assistance the Agency provides towards
Assessment Payment.
Hock-Up Fee Subsidy Definitions
Hook-Up Fee" means the payment required to be made to an unrelated third party in
order to collapse or fill the property owner's septic tank and connect the property to the
new sewer system.
Hook-Up Fee Pavment" means the one-time charge for the Hook-Up Fee.
Hook-Up Fee SubsZdy" means the financial assistance the Agency provides toward
Hock-Up Fee Payments The amount is determined by the Assessor Engineer
pursuant to the Program.
Assessment/HookZUp Fee Subsidy Definitions
Affordable Housing Cost" means that total housing cost shall not exceed 25% of the
person's or household's Gross Income except that in the case of a Very Low Income
Person or Household, Affordable Housing Cost shall mean not less than 15% and no
greater than 25% of their Gross Income. Total housing cost includes: 1) the principal
and interest on a Mortgage loan including any rehabilitation loans and any loan
insurance fees associated therewith, 2) property rental payments, 3) property taxes and
assessments, 4) fire and casualty insurance covering replacement value of
property/improvements, 5) property maintenance and repairs, 6) a reasonable
allowance for utilities, 7) homeowner association fees, and 7) space rent if the housing
unit is situated on rented land.
Affordable Unit" means a dwelling unit maintained by an Owner whose Affordable
Housing Cost" is within the Program guidelines previously defined. Additionally, the
Gross Income of the qualified household shail not exceed 120% of the median income
during the period of program participation.
Applicable Anniversary Date" means the second anniversary of the provision of the
Initial Agency Assistance and each second anniversary date thereafter during the
Minimum Period.
Assessment District" means the district formed under the Improvement Act of 1915
through which bonds are issued to fund the construction of public improvements. This
program is applicable to Assessment Districts aa-i and a9-2.
Certification of Eligibility" means an affidavit, to be provided by the Owner and Renter
upon application to the Program and biannually during the Minimum Period, which states
that the participant qualifies for the Assessment/Hook-up Fee Subsidy Program
Conditions to Assistance" means all of the following, which must be satisfied on a
continuous basis throughout the Minimum Period: i) the Unit is maintained as an
Affordable Unit; ii) Certification(s) of Eligibility are provided in accordance with the
Program: iii) the Covenant of Affordability is recorded and remains in full force and
effect; iv) the use of the property subject to the Covenant of Affordability conforms to the
Redevelopment Plan; and v) the use of the property conforms to the nondiscrimination
limitation set forth in Section 33436 of the California Health and Safety Code.
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Covenant of Affordabilit,"' or covenant means a document recorded against the
participating property that stipulates that the housing unit shall remain available at an
Affordable Housing Cost to persons or families of Very Low, Low or Moderate Income
for a Minimum Period of fifteen years. Over the life of the covenant, household incomes
will be allowed to rise to a level of 120% of median income, adjusted annually, and
remain in compliance with the Covenant of Affordability.
Elderlv Household" means a household in which the head of household or spouse is 62
years or older.
Gross Income" means the total of all annual income of any nature from any source
derived, including, but not limited to, salaries, wages, dividends, interest, capital gains,
rents, income from operation of a farm or business, income from the sale or exchange of
property, gifts, inheritances, Social Security payments, other retirement benefits, welfare
benefits, alimony and support payments and any other thing of economic value of the
entire household less the following:
1. 10% of the total income for an Elderly Household, and/or
2. recurring, extraordinary medical expenses that exceed 3% of Gross Income,
and are not compensated for or covered by insurance or other sources, such
as public assistance or tort recovery.
Household" means a person, persons or family residing in a dwelling unit.
Initial Aaencv Assistance" means the initial payment of Agency Assistance to a
Participant pursuant to the Program.
Minimum Period" means the continuous time period commencing with the recording of
the Covenant of Affordability and ending on the fifteenth thereafter, in which
the program participant maintains an Affordable Unit as defined by the definitions of the
Program.
Mortgage" means a mortgage deed, a deed of trust, or any other instrument which
constitutes a lien on real property.
Net Assets" means all real and personal property of any character which an Owner or
Rental Household owns or has an interest in, including stocks, bonds, and savings
accounts. For Owner Occupants this excludes the real property within the Assessment
District.
Owner" means persons or families owning and/or occupying real property which is
included in the Assessment District and successors in interest or the legally appointed
representatives of such person or persons.
Participant" means an Owner of a dwelling which participates in the Program.
Program" mean the Assessment/Hook-Up Fee Subsidy Program as set forth in this
Statement of the La Quinta Redevelopment Agency Assessment/Hook-up Fee Subsidy
Program Assessment Districts No.88-i and 89-2).
Rental Household" means a person, persons or family that occupies a dwelling unit for
which they compensate a landlord or Owner for use of the dwelling.
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RESOLUTION NO. RA 89-11
Repavment Amount" means the pro-rata share of the Assessment and Hook-Up Fee
Payments calculated by diViding the total Assessment and Hook-Up Fee Payments plus
interest expense by the number of years as originally set forth in the Covenant of
Affordability multiplied by the number of years remaining to run on the Covenant of
Affordability as of the time payment becomes due to the Agency.
Example;
Assessment Payment $1,300.00 + Interest Expense*
Hook-Up Fee Payment $1,700.00
Number of years set forth in the Covenant 15
Property has been in program for 5 years
10 years remain under the Covenant
Expense* $1300 + Interest Exnense* + $1700) X 10 $2,000 + Interest
15
* The amount of interest expense shall be the lesser of: i) 12% simple
interest per annum or ii) the highest interest rate that may lawfully be
charged by a redevelopment agency
Very Low Income Person or Household Affordabre Housing Cost" means that total
Housing Cost shall not be less than 15% and no greater than 25% of a person's or
Household's Gross Income.
Very Low. Low and Moderate Income Households" means persons or families whose
Gross Incomes are respectively defined as not exceeding 50%, 80% and 100% of area
median income the median income of a geographic area of the State, as annually
estimated by the United States Department of Housing and Urban Development HUD)
pursuant to Section 8 of the United States Housing Act of 1937, adjusted for family size).
DESCRIPTION
The Agency pursuant to Section Z3334.2 of the California Health and Safety Code, a portion of
the Community Redevelopment Law) will utilize tax increment funds to provide subsidies to, or
for the benefit of, Very Low, Low and Moderate Income Households residing in the Cove
community and are part of the Assessment Districts see map for District boundaries). Upon
the establishment of the Assessment District, the Agency will disseminate information on the
Assessment/Hook-up Fee Subsidy Program to Owner Occupied and/or rental single family
housing occupied by Very Low, Low and Moderate Income persons. Households interested in
assistance are required to make application to the Agency through the Executive Director).
Agency staff will review the applications and determine eligibility based upon established
criteria. If an application is approved, the Agency staff will facilitate the payment of the
determined Assessment Subsidy amount from the Agency to the fiscal agent responsible for
the collection of the Assessment Payments. The Assessment Subsidy will be made in the form
of a one time lump sum payment that will equal the applicant's total Assessment Payments.
The Hook-Up Fee Subsidy will also be made in the form of a one-time lump sum payment that
will equal the applicant's total Hook-Up Fee Payment. The Hook-Up Fee Payment will be to the
Coachella Valley Water District and plumbing contractor. Property owners who have already
qualified for the Assessment Subsidy Program which did not include Hook-Up Fee Subsidies
must submit a Request for Hook-Up Fee Subsidy form.
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RESOLUTION NO. RA 89-11
ELIGIBILITY
The Assessment/Hook.up Fee Subsidy Program is available to all qualified Very Low, Law and
Moderate income Households who are within the boundaries of the Assessment District. The
provision of subsidies is also subject to the availability of funds. Applying Owners must meet
the following requirements in order to qualify for a. The real property for which Assessment/Hook-Up Fee Subsidy is sought must be
developed with a housing unit or a housing unit that is under construction. Only one
property per Owner is eligible to receive a subsidy.
b. The Household's Gross Income must meet the requirements for Very Low, Low and
Moderate Income Households. The City of La Quinta's median income for a family of four,
as established by the United States Department of Housing and Urban Development HUD)
for 1989, is $32,200. CFhe median income for the City is taken from HUD's established
median income for the Riverside/San Bernardino Primary Metropolitan Statistical Area
which is adjusted for family size and is update annually). Based upon this median income,
the following table depicts the eligible income levels for the Assessment/Hook-up Fee
Subsidy Program.
Income Category 1 Person 2 Persons 3 Persons 4 Persons
VeryLow $11,250 $12,900 $14,500 $16,100
Low 18,050 20,600 23,150 25,750
Moderate 27,048 30,912 34,776 38,640
Income Cateciory 5 Persons 6 Persons 7 Persons 8 Persons
Very Low $17,400 $18,700 $19,950 $21,254
Low 27,350 28,950 30,600 32,200
Moderate 41,056 43,470 45,886 48,300
C. The Household's Total Housing Cost, when combined with the Annual Assessment
Payment and Hook-Up Fee Payment, exceeds the established Affordable Housing Cost for
the Household's Gross Income.
d. The value of the Household's Net Assets may not exceed $225,000, excluding the value of
the property being assessed and two automobiles.
e. The Owner must record a Covenant of Affordability.
f. In the case of a Rental Household, the Owner must agree to record a Covenant of
Affordability that maintains affordable rents for the duration of the Covenant. The Agency
will monitor rent levels from time to time.
AMOUNT OF SUBSIDY
For qualifying Households, the Agency will subsidize the full amount of the Assessment
Payment and Hook-up Fee Payment.
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RESOLUTION NO RA 89-11
COVENANT OF AFFORDABILITY
The Assessment/Hook-up Fee Subsidy Program will be funded from the La Quinta
Redevelopment Agency's Low and Moderate Income Housing fund. The Redevelopment Law,
which governs the use of this fund, requires the recordation of deed covenants against
properties that benefit from the expenditure of these funds. The covenants are to ensure the
continued affordability of the housing unit.
The recordation of a deed restriction in the form of a Covenant of Affordability will be required.
This Covenant of Affordability will require that the housing unit shall remain affordable to Very
Low, Low or Moderate Income Households for fifteen 15) years for both owner-occupied units
and rental units. Over the life of the covenant, household incomes will be allowed to rise to a
level of 120% of median income, adjusted annually, and remain in compliance with the
Covenant of Affordability.
Acceleration of the Covenant of Affordabilitv
In the event the housing unit is to be sold, payment shall be due in the amount equal to the
Repayment Amount. Provided that the housing unit and property) have been operated on a
continuous basis with all of the Conditions of Assistance, the Agency will agree to defer receipt
of the Repayment Amount in the event the prospective buyer executes and records or
otherwise agrees to be bound by and remain subject to the Covenant of Affordability for the
remainder of the Minimum Period.
Subordination of the Covenant of Affordability
The Covenant of Affordability shall contain a lien upon the participating property: such lien in
favor of the Agency shall be subordinate to all deeds of trust or similar instruments recorded in
favor of a bank, savings and loan association or other similar institutional lender securing
repayment of the Participant.
ASSESSMENT/HOOKZUp FEE SUBSIDY REPAYMENT
The Assessment/Hook-up Fee Subsidy may require repayment if one on the following occurs
during the period the covenant is in effect:
1. The housing unit is sold or rented at a cost that is no longer affordable to Very Low,
Low or Moderate Income Households; or
2. The housing unit is sold; or
3. The income level of the qualified Household exceeds 120% of median income,
annually.
The Repayment Amount will become due and payable should any of the three circumstances
described above occur. The repayment period i.e., the period during which repayment shall
be made) shall be no longer than immediately for rental properties and five 5) years for Owner-
occupied residences.
The Repayment Amount shall be all due and payable upon the first to occur of: i) any failure of
one or more of the Conditions to Assistance; or ii) the sale for assignment of the property; the
date upon which either such event shall first occur shall constitute the Due Date."
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RESOLUTION 110. RA 89-11
UPON FULL PAYMENT THE COVENANT OF AFFORDABILITY SHALL BE RESCINDED.
MONITORING OF ELIGIBILITY
Program Participants will be required to complete a Certification of Eligibility form on a biannual
basis.
Owner-occupants will be required to state that their Gross Income does not exceed 120% of the
median Gross Income for the Riverside/San Bernardino Primary Metropolitan Statistical area.
Certification of Eligibility for Owners of rental property will include notification to the Agency
when there is a change in tenancy. The Gross Income of the original and subsequent tenants
shall not exceed 120% of the median Gross Income for the Riverside/San Bernardino Primary
Metropolitan Statistical Area. Additionally, the rental unit must remain at an Affordable Housing
Cost to the tenant.
APPLICATION AND APPLICATION PROCESS
All interested Owners are required to submit the following: 1) A completed application along
with Federal tax returns for the two previous years, the name and address of any dependent's
employer, a most recent pay stub, a monthly mortgage stub, a most recent property tax bill and
most recent utility bill and 2) A completed Certification of Eligibility Form. Applications for
Owner Occupied and Renter Households are enclosed. Owners who qualified for the
Assessment Subsidv which did not include Hopk-UO Fees need only submit a Request for
Hook-Up Fee Subsidy form. Upon approval of the application, the Owner and Renter
Households are required to execute the Covenant of Affordability. Please send completed
applications and written inquiries to:
CiZ Managers Office
ityofLaQuinta
78-105 Calle Estado
La Quinta, California 92253
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RESOLUZION NO. RA 89-11
PROPOSED BOUNDARIES
OF
ASSESSMENT DISTRICT NO. 89-2
CITY OF LA QUINTA
RIVERSIDE COUNTY, CZLIZORNIA
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RESOLUTION NO RA 89-11
CITY OF LA OUINTA
ASSESSMENT SUBSIDY PROGflAM
APPLICANT'S flEQUEST FOZ HOOK-UP FEE SUBSIDY
I, qualified for the AsZessment
Subsidy Program on I am now requesting additional subsidy for the
HookZUp Fees levied for property owners of Assessment District 88-i
Signature Date
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RESOLliTION NO. RA 89-11
LA QUINTA REDEVELOPMENT AGENCY
ASSESSMENT SUBSIDY/HOOK-UP FEE PROGRAM
APPLICATION
OWNER OCCUPIED UNIT
Property
Owner's
Name:
last first middle
Address:
street city zip
Phone:
home work
Please indicate if there are additional co-owners Yes No
If Yes please list names, addresses and phone numbers on tl)e back of this application
2. How many individuals reside in your home
Please list each individual including children)
Name Age Estimated Annual Income
Name of Employer
Address Number
Name Age Fstimated Annual Income
Name of Employer
Address Number
Name Name
Name Name
Use back of application for additional names
3. Monthly House Payment $_____________
include all liens that are secured by the property
and require monthly or annual payments)
4. Annual Property Tax $_____________
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RESOLUTION NO RA 89-11
5. Annual Property Insurance $_____________
if not included in monthly mortgage payment)
6. Average Monthly Utilities $_____________
gas, water and electric charges)
7. Please list all assets valued at $5,000 or greater
THE FOLLOWING INFORMATION MUST BE SUBMITTED WITH THIS APPLICATION:
ba) Federal tax returns for 1987-88 and 1988-89.
Name and address of employer of each household member who is not a full time
student and is still claimed as a dependent).
c) Most recent pay stub from above.
d) Copy of monthly mortgage stub from above.
e) Copy of most recent property tax bill.
1) Copy of most recent property insurance bill.
g) Copy of most recent utility bills outlined in item 6.
I hereby swear by penalty of perjury that the information provided above is to my best knowledge
truthful and accurate.
DZte Signature
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RESOLUTIOZ NO. RA 89-11
LA QUINTA REDEVELOPMENT AGENCY
ASSESSMENT SUBSIDY/HOOK-UP FEE PROGRAM
APPLICATION
RENTER OCCUPIED UNIT
Property
Owner's
Name:
last first middle
Address:
street city zip
Phone:
home work
Please indicate if there are additional co-owners Yes No
If Yes please list names, addresses and phone numbers on tile back of this application
2. How many individuals reside in your home
Please list each individual including children)
Name Age Estimated Annual Income
Name of Employer
Address Number
Name Age Estimated Annual Income
Name of Employer
Address Number
Name Age Estimated Annual Income
Name of Employer
Address Number
Name Name
Name Name
Use bZrk of ZnnlirZtinn for ZdditinnZI
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RESOLUTION NO. RA S9-11
3. Monthly House Payment $_____________
include all liens that are secured by the property
and require monthly or annual payments)
4. Annual Prnperty Tax $_____________
5. Annual Property Insurance $_____________
if not included in monthly mortgage payment)
6. Average Monthly Utilities $
gas, water and electric charges)
7. Please list all assets valued at $5,000 or greater
THE FOLLOWING INFORMATION MUST BE SUBMIUED WITH THIS APPLICATION:
a) Federal tax returns for 1987-88 and 1988-89.
b) Name and address of employer of each household member who is not a full time
student and Is still claimed as a dependent).
c) Most recent pay stub from above.
d) Copy of monthly mortgage stub from above.
e) Copy of most recent property tax bill.
f) Copy of most recent property insurance bill.
g) Copy of most recent utility bills outlined in item 6.
I hereby swear by penalty of perjury that the information provided above is to my best knowledge
truthful and accurate.
Date Signature
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