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HomeMy WebLinkAbout11-09 RDA Resolution RESOLUTION NO. RDA 11-09 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The Redevelopment Agency of the City of Temecula does find, determine and declare as follows: A. The Redevelopment Agency of the City of Temecula (the "Agency") is a redevelopment agency in the City of Temecula (the "City"), created pursuant to the Community Redevelopment Law (Part 1(commencing with Section 33000) of Division 24 of the California Health and Safety Code) (the "Redevelopment Law"). B. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan (the "Project Area") are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91- 11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. The Agency is undertaking a program to redevelop the Project Area. C. AB X1 26 was signed by the Governor of California on June, 29, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code. Commencing upon the effectiveness of AB X1 26, AB X1 26 suspends most redevelopment agency activities and, among other things, prohibits redevelopment agencies from incurring indebtedness or entering into or modifying contracts. Effective October 1, 2011, AB X1 26 dissolves all existing redevelopment agencies and redevelopment agency components of community development agencies, designates successor agencies to the former redevelopment agencies, and imposes numerous requirements on the successor R:/RDA Resos 2011/RDA 11-09 1 agencies and subjects successor agency actions to the review of oversight boards established pursuant to the provisions of Part 1.85. D. AB X1 27 was signed by the Governor of California on June 29, 2011, adding Part 1.9 (commencing with Section 34192) to Division 24 of the California Health and Safety Code. Part 1.9 establishes an Alternative Voluntary Redevelopment Program whereby, notwithstanding the provisions of Part 1.8 and Part 1.85, a redevelopment agency will be authorized to continue to exist and carry out the provisions of the Redevelopment Law upon the enactment, prior to the applicable deadline established in Part 1.9 (with the earliest deadline being October 1, 2011), by the city council of the city which includes that redevelopment agency of an ordinance to comply with Part 1.9. Pursuant to Health and Safety Code Section 34192, if a city participates in the Alternative Voluntary Program and complies with all requirements and obligations contained in Part 1.9, the redevelopment agency in that city will be exempt from Part 1.8 and Part 1.85. E. Provided that the city council of a city has not yet adopted an ordinance to participate in the Alternative Voluntary Redevelopment Program, Health and Safety Code Section 34169 requires the redevelopment agency in that city to adopt an enforceable obligation payment schedule within 60 days of the June 29, 2011 effective date of Part 1.8. The enforceable obligation payment schedule must list all of the obligations that are enforceable within the meaning of Health and Safety Code Section 34167(d) and include specific information about each obligation. F. Provided that the city council of a city has not yet adopted an ordinance to participate in the Alternative Voluntary Redevelopment Program, Health and Safety Code Section 34167(h) provides that the redevelopment agency in that city shall not make a payment unless it is listed in an adopted enforceable obligation payment schedule, other than payments required to meet obligations with respect to bonded indebtedness, after the enforceable obligation payment schedule is adopted pursuant to Health and Safety Code Section 34169, or after 60 days from the effective date of Part 1.8, whichever is sooner. G. As of the date of adoption of this Resolution, the City Council has not made a determination regarding whether the City will participate in the Alternative Voluntary Redevelopment Program has not completed the process for adopting an ordinance to participate in the Alternative Voluntary Redevelopment Program. Therefore, the Agency desires to adopt an enforceable obligation payment schedule in accordance with the requirements of Health and Safety Code Section 34169. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34169. Section 3. The Agency hereby adopts the enforceable obligation payment schedule attached as Exhibit A to this Resolution and incorporated herein by reference (the "Enforceable Obligation Payment Schedule"). R:/RDA Resos 2011/RDA 11-09 2 Section 4. The Agency Secretary is hereby authorized and directed to post the Enforceable Obligation Payment Schedule on the City's Internet Web site. Section 5. The Enforceable Obligation Payment Schedule may be amended from time to time at any public meeting of the Agency. Section 6. The Agency Secretary is hereby authorized and directed to transmit a copy of the Enforceable Obligation Payment Schedule by mail or electronic means to the County Auditor-Controller, the State Controller, and the California Department of Finance (the "Department of Finance"). A notification providing the Internet Web site location shall suffice. Section 7. The officers and staff of the Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including providing documents associated with the Statement of Enforceable Obligations to the Department of Finance and the State Controller in the manner of their choosing, and any such actions previously taken by such officers are hereby ratified and confirmed. The Agency hereby designates Director of Finance Genie Roberts as the official to whom the Department of Finance may make requests for review in connection with the Enforceable Obligation Payment Schedule. Section 8. At such time as the Agency becomes exempt from Parts 1.8 and 1.85, the Agency shall no longer be bound by the Enforceable Obligation Payment Schedule. Section 9. This Resolution has been reviewed with respect to applicability of the California Environmentat Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the Agency's environmental guidelines. The Agency has determined that this Resolution is not a"project" for purposes of CEQA, as that term is defined by Guidelines Section 15378, because this Resolution is an organizationaf or administrative activity that will not result in a direct or indirect physical change in the environment. (Guidelines Section 15378(b) (5)). Section 10. Notwithstanding the City's appeal, the City maintains that the provisions of AB X1 26 (Chapter 5 of the Statutes of 2011) and AB X1 27 (Chapter 6 of the Statutes of 2011) are unconstitutional, and that the Director of Finance accordingly lacks the authority to determine remittance amounts pursuant to Health and Safety Section 34194. The City contends that AB X1 26 and AB X1 27 violate, among other provisions of law, California Constitution Article I, Section 9, Article II, Section 8(a), Article XIII, Section 24, Article XIII, Section 25.5, Article XIIIB, Section 6, and Article XVI, Section 16. The City contends that the Director of Finance has no authority to enforce unconstitutional statutes such as Health and Safety Code section 34194. As a result, the adoption of this Resolution is not intended by the City or Agency to waive any right either may have to challenge the legality of all or any portion of AB X1 26 or AB X1 27 through administrative or judicial proceedings or to prejudice the City's right to seek R:/RDA Resos 2011/RDA 11-09 3 to recover reimbursement of payments made pursuant to AB X1 27, plus interest, should the requirement of making such payments be stayed, enjoined, repealed, or held unconstitutional or unenforceable by any court of competent jurisdiction. Section 11. The Agency Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Members of the Redevelopment Agency of the City of Temecula this 23� day of August, 2011. � � Michael S. Naggar, hairperson ATTEST: Susan . Jones, MMC erk/Board creta [S EAL] R:/RDA Resos 2011/RDA 11-09 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that the foregoing Resolution No. RDA 11-09 was duly and regularly adopted by the Members of the Redevelopment Agency of the City of Temecula at a meeting thereof held on the 23� day of August, 2011, by the following vote: AYES: 4� AGENCY MEMBERS: Edwards, Roberts, Washington, Naggar NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: Comerchero ABSTAIN: 0 AGENCY MEMBERS: None Susan . Jones, MMC ' Cler oard Secretary R:/RDA Resos 2011/RDA 11-09 5 _ � � Name of Redevelopment Agency: Temecula Redevebpment Agency Page 1 of 2 Pages Project Area(s) All ENFORCEABLE OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34167 and 3G169 (') Total Outstantling Total Due Durinq Pa ments by month Pro ect Name I Debt Obligation Payee Description Debt or Obli ation Fiscal Year A' Sept Oct Nov Dec Total 1 Em orium Buildin David Harcis General Con�recrors Fa ade Im rovement Pro ram 20,000.00 20,000.00 5,�00.�0 15,000.00 20,000.00 2 CSUSM Cam us Fundin A reement Cal State San Marcos Sa�ellite Cam us Develo ment 471,624.00 288,584.00 288,SB4.00 208.SB4.00 3 ADbott OPA Ab6ott Vascular Pro Tax Reimbursment 1,910,000.00 159,000.00 759,000.00 159,000.00 4 Pa roll-A enc Administra�ion A enc Staff A enc SlafF Com ensation 872,966.00 812,966.00 93.801.00 62,534.00 62 534.00 62 534.00 2B7 403.00 5 Promisso Note Ci of Temecula 6ih Slreet Parkin Lol 1,903,333.�0 439,622.00 439,622.00 439,622.00 fi Mun on Parkin A reement Dennis Mun on Parkin License A reement 792.00 3,167.00 792.00 792.00 7 Professional A raisal A reement Robert Shea Perdue Real Estate A raisal A raisals-Main SVeet A aRmentslCOtta os 10,000.00 10,000.00 10,000.00 10,000.00 8 Professlonal Services A reement Brown Bottz & Coddin ton Communit Develo ment Block Grant Enti�lement 29.000.00 29,000.00 5.800.00 5.800.00 5,800.00 5,800.00 23,200.00 9 Professional Services A reement Ke er Marston Associates Real Estate/Economlc Anal sis 75,000.00 75,000.00 6,250.00 8,250.00 6,250.00 6,250.00 6.250.00 31,250.00 10) Jefferson Corridor Multi Jurisdictional SNd Cal Trans In-Kind Contributiuon for Cal-Trans Grant 7,850.00 7,850.00 1,570.00 1,570.00 1 570.00 1.570.00 8280.00 11) Professional Services A reement Lance Soll 8 L ard A enc Auditin Services 13 930.00 13.930.32 2,286.00 4,679.00 6,965.00 12 Professional Services A reement Environmental Sclence Associates Jefferson Corridor 5 ecific Plan EIR 189.220.00 189.220.00 0.00 13 Professional Services A reemont Inland Plannin & Desi n JeHerson Corridor S ecific Plan 81 J23.00 81,123.00 6,76025 6,760.25 6,760.25 6,76025 6,760.25 33,80125 14 Professional Services A reement Richards, Watson & Gershon A nec L al Services 135,000.00 135.000.00 27,000.00 27,000.00 27,000.00 27 000.00 27,000.00 135.000.00 15 Non Personnel A enc Adminislration MWti le Pa ees On oin A enc Administration 375242.00 375,242.00 7.ffi4.00 40,546.17 30,321.17 30,321.17 40,546.17 149,558.68 16 Pro ert Tax Admin Fee Riverside Count Tax Assessor Count Adminsiration Fee 233,000.00 233.000.00 0.00 17) Trustee Atlmin Fees US Bank as Trustee for Bondholders Trustee Fees for TAB Bond Issues 18,760.00 18,760.00 18760.00 18,760.00 18) 2002 TAB FY 2011l12 US Bank as Trustee for BondFwlders Bontls Issuetl to Fund Affortlable Mousin 44,598,491.25 1,776,063.75 0.00 19) 200fi TAB Series A FY 2011/12 US Bank as Tnistee for Bondholders Bonds Issued to Fund AHordeble Housing 30,588,675.00 991.836.25 D.00 20) 2008 TAB Series B FY 2011112 US Bank as Trustee for Bondholders Bonds Issued to Fund Affordable Housing 5,511,856.88 199,606.23 126,853.13 126,853.13 21) 2007 TAB FY 2011/12 US Bank as Trustee for Bondholders Bonds Issu[ttl to Fund AHordable Housin 30.281,825.00 7,092.364.38 416,696.25 416,69625 22) 2010 Housing TAB Series A FY 2011l12 US Bank as Trustee for Bondholders Bonds Issuetl m Fund Afforclable Housir 832,025.00 274,175.00 0.00 23) 2010 Housnig TAB Senes B FV 2011112 US Bank as Trus�ee for Bondholders Bonds Issued to Funtl AHortlable Housing 31,453,593.00 983,979.80 0.00 24 2011 Housin TAB Fiscal Year 2011172 US Bank as Trustee for Bondholders Bonds Issued to Funtl Affordable Housing 27,570,768.88 1,010,061.00 D.00 25) Front St. Plaza Partners, Inc. OPA Front Street Plaza Partners Inc. Grant for construction of Affordable Housin 4,000,000.00 4.000,000.00 0.00 26) AMCAL Pupi Fund L.P. OPA AMCAL Pujol Fund, LP. Grant for construc�ion of A%ordable Housi 5,579,027.00 5,579,021.00 1,859,677.00 1,859,677.OD 3,719,354.00 27 Summerhouse Housin Associates, L.P., OPA Summeihouse Housin Associates. L.P. loan for Affordable Housin 1.08�,262.00 1,080262.00 p,pp 28 Temecula Gardens LP Loan A reement Temecula Gardens LP. Loan for AHordable Housin 4.880 000.00 305,000.00 0.00 29 Old Town Infrasrtucture Pro'ects RBF / Pardell / LH En ineerin I Ed e Old Town InFrestructure Im rovemenLS 246,131.00 246 131.00 7,814.00 40,984.00 48,798.00 30 Promenade Parkin Gara e OPA Forrest Ci Loan for Public Parki Gar e 20.000.00 20.000.00 20,000.00 20.000.00 31) Old Town Sound System Western Audio Visual Public Sound S stem 85,774.00 85,774.00 42,887.00 42.887.00 85,774.00 Totals-ThisPage $ 193.015263.01 $ 20.535.678.73 $ 55,648.25 5 701.074.42 $ 357122.42 $ 1,999,912.42 $ 2,907,g33.60 S 6.021,691.31 Totals - Page 2 g g g $ g $ $ E Tolals - Page 3 � g q y g $ $ $ Totals - Page 4 � g g y g q $ $ To�als - Other Obligations $ 10.559,000.00 $ 10.559,000.00 $ $ $ $ $ $ Grandtolal-AIIPages $ 203,574,263.01 $ 31,094,678.73 $ 55,648.25 $ �01,074.42 $ 357122.42 $ 1999,912.42 $ 2,907,933.80 $ 6021,691.37 ' This Enforceable Obllgation Payment Schedule (EOPS) Is to be adopted 6y the ndevelopment agency no later than late August. It is valid through 1YYi7171, It is the baals for the Preliminary Oraft Recogn�Zad Obllgatlon Payment Schetlule (ROPS), which must be prepared by the dissolving Agency by 9130111. (The draN ROPS must be prepared by the Successor Agency by 11130171.) ( If an agency adopts a contlnuetlon ordinance per ABXi 27, this EOPS will not be valid antl ihe�e is no neeO to prepare a ROPS. " Include only payments to be made after the adopHon of the EOPS. _ _ _ Name of Redevelopment Agency _ Temecula Redevelopment Agency Page 2 of 2 Pages Project Area(s) All OTHER OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34167 and 34169 (`) Total Outstanding Total Due During Payments by month Projecl Name ! Debt Obligalion Payee Description Debt or Obli ation Fiscal Year Aug" Sept Oct Nov Dec Total 1 Pass-7hrou h Pa ments Riverside Count General Fund Annual Pass-Throu h to Taxin Entit 3,438,000.00 3.438,000.00 $ 2) Pass-Throu h Pa ments Riverside Count Librar Annual Pass-Throu h to Taxin Entit 414,000.00 414,000.00 $ 3 Pass-Throu h Pa ments Riverside Count Fire Annual Pass-Throu h to Taxin Entit 892,000.00 892,000.00 $ 4 Pass-Throu h Pa ments Temecula Public Cemeta District Annual Pass-Throu h to Taxin Entit 73,000.00 73,000.00 $ 5 Pass-Throu h Pa ments Mt. San Jacinto CCD Annual Pass-Throu h to Taxin Entit 198,000.00 198,000.00 $ 6 Pass-Throu h Pa ments Temecula Valle USD Annual Pass-Throu h to Taxin Entit 1,717,000.00 1,717,000.00 $ 7 Pass-Throu h Pa ments Easlern Munici al Water District Annual Pass-Throu h to Taxin Enlit 1,788,000.00 1,788,000.00 $ 8 Pass-Throu h Pa ments Riverside Count Flood Control District Annual Pass-Throu h to Taxin Entit 323,000.00 323,000.00 $ 9 Pass-Throu h Pa ments Riverside Co. Su erintendent of Schools Annual Pass-Throu h to Taxin Entit 572,000.00 572,000.00 $ 10 Pass-Throu h Pa ments Rancho California Water District Annual Pass-Throu h to Taxin Entit 1,144,000.00 1,144,000.00 $ 11 $ - 12 $ 13 g 14 � 15 � 16 � 17 $ - 18 $ 19 q� 20 $ 21 $ 22 $ - 23 $ 24 $ 25 � 26 $ 27 $ 28 $ Totals - Other Obli ations $ 10,559,000.00 $ 10,559,000.00 S $ $ $ $ $ ' 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 dlssolving Agency by 9130171. (The draft ROPS must be prepared by the Successor Agency by 71130111.) If an agency adopts a continuatlon 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 adoptlon of the EOPS. "' All a ment amounts are estimates