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HomeMy WebLinkAbout2011-08-23 - AGENDA REPORTS - SCRDA ENFORCEABLE OBLIGATIONAgenda Item: 12 CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: August 23, 2011 Armine Chaparyan ADOPTION OF AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE AS REQUIRED BY SECTION 34169 OF THE HEALTH AND SAFETY CODE Community Development RECOMMENDED ACTION Redevelopment Agency Board adopt the attached Enforceable Obligation Payment Schedule (EOPS) and direct Agency Staff to comply with the reporting and posting requirements of the EOPS statute. BACKGROUND On June 29, 2011, as part of adopting the State of California Fiscal Year 2011-12 budget, the Governor signed two trailer bills: AB X1 26 ("Dissolution Act") and AB X1 27 ("Voluntary Alternative Redevelopment Program" or WARP"), into law. The legislation became effective on June 29, 2011. The Dissolution Act eliminates redevelopment agencies as of October 1, 2011, and requires all agencies to adopt an Enforceable Obligations Payment Schedule (`BOPS") for payments to be made between October 1 and December 31. The Voluntary Alternative Redevelopment Program provides an opportunity for cities to voluntarily "opt -in" to a new statutory payment scheme that will allow their redevelopment agencies to continue to operate and function "upon the enactment of an ordinance enacted by the community to comply with this part on or before November 1, 2011". An opt -in ordinance under AB X1 27, if adopted by a City, would eliminate the requirement that its Agency adopt an EOPS. The Dissolution Act immediately suspended all new redevelopment activities and incurrence of indebtedness and dissolves redevelopment agencies ("RDAs") effective October 1, 2011. The VARP avoids dissolution but requires specified substantial annual contributions to local schools and special districts. If all cities and counties were to opt -in to the VARP, these contributions would amount to $1.7 billion for FY 2011-2012 and appear intended to amount to $400 Million in each succeeding year (subject to increasing adjustments annually for the life of the redevelopment project area). If the City were to opt -in to the VARP, the contribution for FY 2011-2012 would be $714,756, (subject to potential reduction based on the outcome of an appeal), and is projected to be $169,374 for FY 2012-2013. Under the opt -in, the City would make the semi-annual payments to the County Auditor -Controller, but could then be reimbursed by the Redevelopment Agency for an amount not to exceed the amount paid to the County. The Agency's property tax increment funds sent to the City under this reimbursement regime would be used for activities "related to" the purposes of redevelopment. The California Redevelopment Association ("CRA") and the League of California Cities filed a lawsuit in the California Supreme Court challenging the constitutionality of AB X1 26 and AB X1 27. On August 11, 2011, the California Supreme Court announced it would hear the lawsuit, which requests that the Court declare AB X1 26 and AB Xl 27 unconstitutional. The court established an expedited briefing schedule designed to facilitate oral argument as early as possible in 2011, and a decision before January 15, 2012. The Court also issued a partial stay regarding suspension of the effectiveness of AB X1 26 and AB X1 27 until it can rule on the constitutionality of these two bills. The Court allowed the first statute to remain in effect insofar as it precludes existing redevelopment agencies from incurring new indebtedness, transferring assets, acquiring real property, entering into new contracts or modifying existing contracts or entering into new partnerships, adopting or amending redevelopment plans, but it stayed enforcement of both statutes in all other respects. On August 17, the Court modified its stay to clarify that the statute requiring the EOPS was to also remain in effect. Due to this modification, the Agency must adopt an EOPS listing all enforceable obligations that would need to be paid for the months following the adoption of the EOPS through December of 2011 as required by AB Xl 26. The stay does create a conflict in regard to making tax -sharing payments. Tax -sharing obligations are not Enforceable Obligations under the stay. Under the dissolution scheme of AB X1 26 the tax sharing payments are to be made by county auditor -controllers rather than by the redevelopment agencies. With the stay in place there is no legal authorization to make the tax -sharing obligations. Staff therefore recommends that the Agency Board adopt the attached schedule, which identifies the Agency's enforceable obligations, and direct Agency Staff to comply with the reporting and posting requirements of the EOPS statute. ALTERNATIVE ACTIONS Other actions as determined by the Redevelopment Agency Board. FISCAL IMPACT No fiscal impact as a result of this item. ATTACHMENTS Enforceable Obligation Payment Schedule Name of Redevelopment Agency: The City of Santa Claris Redevelopment Agency Page 1 of 2 Pages Project Area(s) Newhall Redevelopment Project Area ENFORCEABLE OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34167 and 34169 (•) Project Name I Debt Obligation Payee Description Total Outstanding Debt or Obligation Total Due During Fiscal Year Payments by month Aug" Sept Oct Nov Dec Total 12 Tax Allocation Bonds Series 2008 Bank of New York Bonds issued to fund redevelopment projects 57,154,069.61 1.781,648.00 1,112,673.75 $ 1.112,673.75 2 Housing Set -Aside Tax Allocation Bonds Series 2008 Bank of New York Bonds issued to fund low and moderate income homing projects and programs 17,090,289.63 530,256.00 328,878.13 $ 328,878.13 3)jCny, Loan amended and restated on 3/8/11 City of Santa Clarta Loan for public works project 12,736,964.19 823,778.41 403,721.43 $ 403,721 A3 __42 City Loan entered into on 12/08/09 City of Santa Clarita Loan for public works project 2,651,721.20 0.00 $ 5 City Loan entered into on 622/10 City of Santa Clarita Loan for public works project 2*367,229174 0.00 $ 6 Statutory Payment - Est based on 2010-11 "' Los Angeles Co. Gen.Fund 8 Cap Outlay Payments per CRL 33607.5 184,868.18 27,527.68 43,418.42 $ 70,946.10 7 Statutory Payment - Est based on 2010-11 "' LA County Library Payments per CRL 33607.5 12,598.14 12,598.14 $ 12,598.14 8 Statutory Payment - Est based on 2010A 1 "- Consolidated Fee Protection District OF Payments per CRL 33607.5 79,609.15 79,609.15 $ 79,609.15 9 Statutory Payment - Est based on 2010-11 "- Los Angeles County Fee - FFW Payments per CRL 33607.5 2,226.01 2,226.01 $ 2,226.01 10 Staturtory Payment - Est based on 2010-11 "' LA County Flood Control Imp, District Maint Payments per CRL 33607.5 1,160.74 1,160.74 $ 1,160.74 11 Statuto Payment - Est based on 2010-11 "' LA County Flood Control Maim. Payments per CRL 33607.5 6,566.43 6,566.43 $ 6,566.43 12 Statutory Payment - Est based on 2010A 1 "- Greater LA County Vector Control Payments per CRL 33607.5 240.18 240.18 1 $ 240.18 13 Statutory Payment - Est based on 2010-11 "' County Sanitation District No. 32 operating Payments per CRL 33607.5 16,412.45 16,412A5 $ 16.412.45 14 Statutory Payment - Est based on 2010-11 "' City -Santa Clarita TD 41 Payments per CRL 33607.5 31,015.41 31,015.41 $ 31,015.41 15 Statutory Payment - Est based on 2010-11 '-' Santa Clarita Street Light Maintenance Payments per CRL 33607.5 10,239.86 10,239.86 $ 10,239.86 16 Statutory Payment - Est based on 2010-11 "- Castaic Lake Water Agency Payments per CRL 33607.5 51,982.46 51,982.46 $ 51,982.46 17 Statutory Payment - Est based an 2010A 1 "' Newhall County Water District Payments per CRL 33607.5 659.68 659.68 $ 659.68 18 Statutory Payment - Est based on 2010-11 "' County School Services Payments per CRL 33607.5 612.20 612.20 $ 612.20 19 Statuto Payment - Est based on 2010-11 "' Children's Institutional Tuition Fund Payments per CRL 33607.5 1,215.02 1,215.02 $ 1,215.02 20 Statutory Payment - Est based on 2010-11 "' Newhall School District Payments per CRL 33607.5 33,945.56 33,945.56 $ 33,945.56 21 Statutory Payment - Est based on 2010-11 "- County School Services Fund - Newhall Payments per CRL 33607.5 3,254.88 3,254.88 $ 3.254.88 22 Statutory Payment - Est based on 2010-11 "' Dev. Center Handicapped Minor - Newhall Payments per CRL 33607.5 358.31 358.31 $ 358.31 23 Statutory Payment - Est based on 2010.11 "' Saugus Union School District Payments perCRL 33607.5 1,208.33 1,208.33 $ 1,208.33 24 Statutory Payment - Est based on 2010-11 "- County School Services Fund - Saugus U Payments per CRL 33607.5 174.06 174.06 $ 174.06 25 Statutory Payment - Est based on 2010-11 -^ Dev. Center Handicapped - Saugus Univ Payments per CRL 33607.5 19.94 19.94 $ 19.94 26 Statutory Payment - Est based on 2010-11 "- Han William S Union High Payments per CRL 33607.5 34,950.49 34,950.49 $ 34,950.49 27 Statuto Payment - Est based on 2010-11 "' County School Services Fund - Han William Payments per CRL 33607.5 145.68 145.68 1 $ 145.68 28 Statutory Payment -Est based on 2010-11 "' Han William S - Elementary School Payments per CRL 33607.5 18,382.85 18,389.85 $ 18,389.85 29 Statutory Payment - Est based on 2010-11 "' • Santa Clarita Community College Payments per CRL 33607.5 16,051.48 16,051.48 $ 16,051.48 30 Sec 33607.8 Payment -Est based on 2010-11 '•• Castaic Lake Water Agency Payments per CRL 33607.8 Debt Service 157,471.51 157,471.51 $ 157,471.51 $ Totals - This Page Totals - Page 2 Totals - Page 3 Totals - Page 4 Totals - Other Obligations Grand total - All Pages $ 92,000,274.37 1E 3,801,058.41 E $ 1,845,273.31 $ 480,507.82 $ 27,527.68 $ 43,418.42 $ 2,396,727.23 $ 1,135,193.15 1 $ 1,135,193.15 $ 56,603.90 $ 102,113.90 $ 137,644.90 $ 262,386.71 $ 126,553.86 $ 685,303.27 $ $ $ 8 E S $ $ $ E $ $ $ E $ $ $ E $ $ $ $ $ $ $ 93,135,467.52 11 $ 4,936,251.56 $ 56,603.90 $ 1,947,387.21 $ 618,152.72 Q $ 289,914.39 $ 169,972.28 $ 3,082,030.50 • This Enforceable Obligation Payment Schedule (EOPS) is to be adopted by the redevelopment agency no later than late August It is valid through 12131111. It is the basis for the Preliminary Draft Recognized Obligation Payment Schedule (ROPS), which must be prepared by the dissolving Agency by 9130111. (The draft ROPS must be prepared by the Successor Agency by 11130111.) If an agency adopts a continuation ordinance per ABX1 27, this EOPS will not be valid and there is no need to prepare a ROPS. " Include only payments to be made after the adoption of the EOPS. -The Agency will make the statutorily -required payments unless they are determined to be the obligation of the County of Los Angeles pursuant to Sections 341 67(d)(3) and 34183 of the Health and Safety Code as set forth in ABx1 26. Name of Redevelopment Agency: The City of Santa Clanta Redevelopment Agency Project Area(s) Newhall Redevelopment Project Area ENFORCEABLE OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34167 and 34169 (•) Page 2 of 2 Pages Project Name / Debt Obligation Payee Description Total Outstanding Debt or Obli ation Total Due During Fiscal Year Payments by month Aug— Sept Oct Nov Dec Total 1 Contract for Relocation Services California Property Specialists, Property management and relocation services 8,312.50 8,312.50 179.00 693.00 693.00 693.00 693.00 $ 2,951.00 2 Contract for Consulting Services Rosenow S acek Group, Inc. Redevelopment consulting 28,855.00 28,855.00 621.00 2,405.00 2,405.00 21405+00 29405+00 $ 10,241.00 3) Agency Employment Costs Employees of Agency Payroll costs for employees 315,424.00 315,424+00 7,632.00 26,286.00 26,286.00 261286400 269286+00 $ 112,776.00 4 Contract for Engineeri Services HDR Engineering Engineering services for the agency 18,524.00 1 18,524.00 1,046.00 3,923.00 4,054400 3,923.00 4,054+00 $ 17,000+00 5 Administrative Agency Costs City of Santa Clarita Misc. administrative agency costs 210,757.00 210.757.00 14,764.91 36,445.91 15,845.91 15,845.91 15,845.91 $ 98,748.55 6 Financial Audit Caporicci and Larson Annual financial audit 2,298.15 2,298A 5 2,298.15 $ 2,298.15 7 Pro Taxes County of Los Angeles Property Taxes 75,000600 75,000.00 37,500.00 $ 37,500.00 8 Contract for Attorney Services Burke Williams Sorenson legal Fees 50,000.00 50,000.00 6,000.00 6,000.00 6,000.00 6,000.00 6,000.00 $ 30,000.00 9 Newhall Streetscape PH II Pack Coast Land Design Landscape Design 13,881657 13,881.57 4,627.19 4,627.19 4.627.19 0.00 $ 13,881.57 10 Newhall Streetscape PH II Bryan Smith Consulting Landscape Design Reviewfispection 5.400.00 5,400.00 1,080.00 1,080.00 1,080.00 1,080.00 1,080.00 $ 5,400.00 11 Newhall Streetacape PH 11 County of Los Angeles Storm Drain Inspection 34,238.00 34.238.00 0.00 20,000.00 0.00 14,238.00 $ 34,238400 12 MetrolinWSCRRA Fencing STL Landscape Landscape Construction 83,269.00 83,269.00 16,653.80 16,653480 16,653.80 16.653.80 16,653.80 $ 83,269.00 13 MetrolinWSCRRA Fencing City of Santa Clarita Administrative Costs 20,000.00 20,000.00 4.000.00 4,000.00 4.000.00 4.000.00 4,000.00 $ 20,000.00 14 Newhall Roundabout Pacific Coast Land Design Design Services 47,040.90 47,040.90 0.00 0.00 15,000.00 10.000.00 10,000.00 $ 35,000.00 15 Newhall Roundabout MNS Engineering Engineering services 92,193.03 92,193.03 0.00 0.00 20,000.00 20,000.00 20,000+00 $ 60.000.00 16 Newhall Roundabout So. Calif. Edson Streellight design and pole relocation 115,000.00 115,000.00 0.00 0.00 0.00 115,000.00 0.00 $ 115,000.00 17 Newhall Roundabout City of Santa Ctanta Administrative Costs 15,000400 15.000.00 0.00 0.00 1,000.00 3,000.00 3,000.00 $ 7,000.00 18 $ 19 $ 20 $ 21 $ 22 $ 23 $ 24 $ 25 $ 26 $ 27 $ 28 $ 29 $ 30 $ 31 $ 32 $ 33 $ 34 $ 35 $ 36 $ 37 $ 38) $ Totals - This Page $ 1, 135,193.15 $ 1,135,193.15 $ 56,603.90 $ 102,113.90 $ 137644.90 $ 262286.71 $ 126.553.86 $ 685,303.27 • This Enforceable Obligation Payment Schedule (EOPS) is to be adopted by the redevelopment agency no later than late August. It is valid through 12131111. R Is the basis for the Preliminary Draft Recognized Obligation Payment Schedule (ROPS), which must be prepared by the dissolving Agency by 9130111. (The draft ROPS must be prepared by the Successor Agency by 11130111.) If an agency adopts a continuation ordinance per ABX1 27, this EOPS will not be valid and there Is no need to prepare a ROPS. •• Include only payments to be made after the adoption of the EOPS.