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HomeMy WebLinkAbout2011-09-13; Housing & Redevelopment Commission; 432; ENFORCEABLE OBLIGATION PAYMENT SCHEDULEHOUSING AND REDEVELOPMENT COMMISSION AGENDA BILL 15 AB# 432 MTG. 9/13/11 DEPT. HNS Adoption of the Enforceable Obligation Payment Schedule for the Carlsbad Redevelopment Agency DEPT. HEAD y CITY ATTY. nj* CITYMGR. /T[I;L^- RECOMMENDED ACTION: APPROVE Housing and Redevelopment Commission Resolution No.511 ADOPTING the Enforceable Obligation Payment Schedule for the Carlsbad Redevelopment Agency and authorizing submission of the noted Schedule to the appropriate County and State Agencies with a retroactive approval date of August 29, 2011. ITEM EXPLANATION: On June 29, 2011, the Governor signed ABX1 26 to dissolve all redevelopment agencies within the State of California. He also signed ABX1 27 which provided for a voluntary redevelopment program which requires a payment in order to continue redevelopment activities of existing agencies. The legislation was legally challenged by the California Redevelopment Association and the League of California Cities. On August 11, 2011, the California Supreme Court agreed to hear the case California Redevelopment Assoc. v. Matosantos. The Court agreed to an expedited process and to provide a decision by January 15, 2011, which is the date that remittance payments are required for redevelopment agencies "opting in" to the voluntary redevelopment program. The Court also issued an order granting a stay of the provisions of AB x1 26 and AB xl 27, except for most of the provisions of Part 1.8 of Division 24 of the Health and Safety Code that were enacted in AB 26 x1 which places various financial restrictions and obligations on redevelopment agencies. An example of an obligation is that by August 29, redevelopment agencies need to adopt an Enforceable Obligation Payment Schedule. Subsequently, on August 17, 2011, the court issued a revised order that did not stay any of the provisions of Part 1.8 and further removed the stay on paragraph (2) of subdivision (b) Section 34194 of the Health and Safety Code as enacted in AB x1 27, which authorizes the calculation of the required remittance payment for the voluntary redevelopment program. As noted above, one of the obligations that remains effective under ABX1 26 required redevelopment agencies to adopt an Enforceable Obligation Payment Schedule (EOPS) by August 29, 2011. For the Carlsbad Redevelopment Agency, the Executive Director adopted the required EOPS by August 29th in order to meet the required timeline and submitted it to the required County and State Agencies. The EOPS must, however, ultimately be adopted by the Agency Board, which is the Carlsbad Housing and Redevelopment Commission. The EOPS is being presented to the Commission at this time for review and adoption. DEPARTMENT CONTACT: Debbie Fountain 760-434-2935 debbie.fountain@carlsbadca.gov FOR CITY CLERKS USE ONLY. COMMISSION APPROVED ACTION: DENIED CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE D SPECIFIC _ CONTINUED TO DATE D UNKNOWN RETURNED TO STAFF D OTHER-SEE MINUTES O Page 2 The EOPS includes all of the debts and obligations that were set forth in the Cooperation and Repayment Agreements and related repayment schedules approved by the Housing and Redevelopment Commission, serving as the Agency Board, for the Village Area (7/7/09) and South Carlsbad Coastal Redevelopment Area (2/8/11). The State, however, is requiring additional detail that was not noted in those original schedules, such as payee information, a brief payment description and payments by month from August through December, 2011. Therefore, a new report has been developed in a form that staff believes is acceptable to the State. According to the redevelopment law that remains in effect per the Court Order, no payments can be made by the Redevelopment Agency unless the debt or obligation is noted on the required EOPS. Therefore, to ensure that the Agency will not default on any of its contracts, debt and/or other obligations, all current and future debts and obligations of the Agency are set forth and detailed within the EOPS and submitted at this time for Commission approval. The Agency's Executive Director approved and adopted the attached EOPS and submitted to the appropriate agencies on August 29, 2011. The Director is submitting the adopted EOPS to the Commission at this time for confirmation that it is acceptable to the Commission. If acceptable, the Director requests that the Commission approve the attached resolution to formally adopt the EOPS on behalf of the Carlsbad Redevelopment Agency, and authorize submission of the approving resolution to the appropriate regulatory agencies. FISCAL IMPACT: The debt of the Carlsbad Redevelopment Agency, both current and future per approved contracts, is substantial and detailed in the attached EOPS report (Exhibit 2). With the assumption that the Redevelopment Agency will continue operations well into the future, there have been numerous projects and programs initiated over the past several years intended to eliminate blight or blighting conditions within both the Village and South Carlsbad Coastal Redevelopment Areas. There are also numerous projects and programs that the Agency has contracted with the City to implement or complete on behalf of the Agency in future years which are critical to the successful accomplishment of the goals and objectives set forth in the respective redevelopment plans. The contractual obligations to implement future projects and programs within the noted redevelopment areas are significant and important from both an economic development and physical enhancement (blight elimination) perspective, and for the provision of affordable housing within the community. The accomplishment of redevelopment goals benefit the State, the region, as well as the City from a fiscal impact standpoint through increased revenues, job creation, and business expansion. ENVIRONMENTAL IMPACT: For the purposes of environmental review, the proposed financial report represents an organizational or administrative activity of governments that will not result in direct or indirect physical changes in the environment. Therefore, the action is not a "project" under the California Environmental Quality Act (CEQA 15378(b)(5)). All future projects listed within the financial report will require separate environmental review and approval, and will not be approved for implementation until environmental review has been completed and mitigation measures have been adopted, as appropriate. EXHIBITS: 5111. Housing and Redevelopment Commission Resolution No. adopting the Enforceable Obligation Payment Schedule for the Carlsbad Redevelopment Agency. 2. Enforceable Obligation Payment Schedule for the Carlsbad Redevelopment Agency. 1 RESOLUTION NO. 511 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF 3 CARLSBAD, CALIFORNIA, APPROVING THE 4 ENFORCEABLE OBLIGATION PAYMENT SCHEDULE FOR THE CARLSBAD REDEVELOPMENT AGENCY. 5 6 WHEREAS, the City Council of the City of Carlsbad activated the Housing and 7 Redevelopment Commission in October 16, 1979 and declared itself to constitute the 8 Commission for the purposes of implementing redevelopment activities within the City of 9 Carlsbad; and 10 WHEREAS, the City of Carlsbad and the Housing and Redevelopment 11 Commission previously entered into a cooperative agreement to set forth the 12 relationships between the City and the Commission which was adopted on February 8, 1980 for the purposes of implementing redevelopment activities within the City of 15 Carlsbad; and 16 WHEREAS, the State of California requires an Enforceable Obligation Payment 17 Schedule per Section 34167 and 34169 of the Health and Safety Code, which regulates 18 reporting requirements of California Redevelopment Agencies, to establish the 1 9 outstanding debt and obligations of the redevelopment Agencies and to set forth a 20 repayment schedule through December, 2011 to continue redevelopment operations 21 and implementation activities for both the Village and South Carlsbad Coastal 22 Redevelopment Project areas during and following expiration of the effectiveness dates for both areas, and as set forth in applicable contracts and agreements; and 25 26 27 28 1 WHEREAS, pursuant to previously approved Cooperative and Reimbursement or 2 Repayment Agreements, the Housing and Redevelopment Commission is continuing to 3 perform a public function of the City of Carlsad and may have access to staff and other 4 administrative services and facilities of the City, and may accept financial assistance 5 from the City to complete redevelopment activities and/or projects for both the Village 6 and South Carlsbad Coastal Redevelopment Areas; and 7 WHEREAS, the Executive Director of the Carlsbad Redevelopment Agency8 9 administratively adopted and submitted the Enforceable Obligation Payment Schedule 10 on behalf of the Agency on August 29, 2011 as an interim measure to meet the required 11 deadline for submission and to create a list from which payments can be made by the 12 Agency after August 29, 2011. 13 NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment 14 Commission of the City of Carlsbad, California, as follows: 15 1. That the above recitations are true and correct. 16 2. The Housing and Redevelopment Commission does hereby approve the 10 Enforceable Obligation Payment Schedule set forth as Exhibit 2 to the relatedlo 19 staff report dated September 13, 2011, with the subject Commission approval 20 of said Schedule retroactive to August 29, 2011. 21 3. The Executive Director of the Carlsbad Redevelopment Agency is authorized 22 to submit the Enforceable Obligation Payment Schedule to the State of 23 California as approved and adopted by the Housing and Redevelopment 24 Commission. 25 26 27 " 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Special Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 13th day of September 2011, by the following vote to wit: AYES: Commission Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None ABSENT: None ATTEST: UL~ (jJk<^//yjv^^. r-y x—--^ LteA HILDABRAND, Secretary (SEAL) - z : • M = l\ 1970 /! Name of Redevelopment Agency: Project Area(s) Carlsbad Redevelopment Agency Village and South Carlsbad Coastal Redevelopment Areas Page 1 of 1 Pages ENFORCEABLE OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section 34167 and 34169 (*) 1> 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) Project Name / Debt Obligation 1993 Tax Allocation Refundinq Bonds City of Carlsbad Advances/Loans 1976 to 2003 (Village) City of Carlsbad Advances/Loans 2003 to 2009 (Village) City of Carlsbad Advances/Loans 2000 to 2010 (SCCRA) City of Carlsbad Loans 201 0 to 2020 (SCCRA) Public Parking Lot Leases (Village) Agency General Liability Insurance Costs Audit Fees San Diego County Administration Fees (Village) San Diego County Administration Fees (SCCRA) Administrative Costs, including employee costs (Village) Administrative Costs, including employee costs (SCCRA) Storefront Improvement Grant Program (Village) New Village Arts - Building Renovation Oak Yard Repurpose - Strategy and Build Village Partnership - Organization development SCCRA Power Plant - Legal Defense against plant SCCRA Power Plant - Communications Carlsbad Boulevard Realignment/Property Exchange Carlsbad Boulevard Realignment/Property Exchange Low/Mod Set-Aside Fund Administration (Village) Low/Mod Set-Aside Fund Administration (SCCRA) Tyler Court Senior Affordable Apartments Tavarua Senior Affordable Apartment Complex Education Augmentation Revenue Fund payments Payee Bank of New York - Mellon City of Carlsbad City of Carlsbad City of Carlsbad City of Carlsbad No.County Transit District City of Carlsbad Mayer Hoffman McCann County of San Diego County of San Diego City of Carlsbad & various utilities & vendors City of Carlsbad & various utilities & vendors Various business & property owners City of Carlsbad/General Contractor City of Carlsbad/General Contractor Selection of Contrator Pending Outside Legal Counsel & Expert Consultants Burge Communications Fidelity National Title Various Consultants City of Carlsbad City of Carlsbad Interfaith Housing Corporation Meta Housing City of Carlsbad/County of San Diego/ State of California Description Bonds issued to fund non-housing redevelopment projects Loans for administration & various public projects/programs Loan commitment for pending redevelopment projects; approved 7/7/09 Loans for administration & various public projects/programs Loan commitment for pending redevelopment projects; approved 2/8/1 1 Property leases to provide public parking in Village (to 2019} Liability Insurance provided through General Fund Fees for annual required audit of Redevelopment Agency Administration Fees for collection and distribution of tax increment Administration Fees for collection and distribution of tax increment Employee salaries & other costs for Agency (non-housing) admin Employee salaries & other costs for Agency (non-housing) admin Grants for businesses/property owners to renovate storefronts Update & Renovate Agency owned property to house Live Theater Develop and implement strategy to convert City Yard to ACE Ctr Contractor organization to coordinate business/property revitalization Continued participation in CEC proceedings to oppose new project Consultant assistance for communications - CEC proceedings Property Title Reports Preliminary Studies, Design and related activities Employee salaries & other costs for Agency housing admin Employee salaries & other costs for Agency housing admin Management Contract; day-to-day operations of affordable apartments Construction loan for affordable housing development Remittance Payments to State/County, subject to Court action and determination that Carlsbad Redevelopment Agency may continue operations under voluntary program. No payment to be made if legislation is held to be invalid by the Supreme Court. Totals - This Page Totals - Page 2 Totals - Page 3 Totals - Page 4 Totals - Other Obligations Grand total - All Pages Total Outstanding Debt or Obligation 13,440.338.00 17,586,802.00 14,400.000.00 7,800.000.00 24,000,000.00 537,560.00 90,200.00 90,000.00 424,135.00 885,000.00 3,820.364.00 17,251,900.00 145,000.00 1,500,000.00 1,000,000.00 1.000.000.00 250,000.00 10,000.00 25,000.00 800,000.00 2,767,900.00 4,739,180.00 6,000.000.00 3,750,000.00 1 ,750,000.00 $ 110,623.041.00 $ $ $ $ $ 110,623.041.00 Total Due During Fiscal Year 1,038,765.00 1,284,846.00 0.00 0.00 0.00 46.780.00 1 ,220.00 2,800.00 20,900.00 0.00 316,395.00 228,439.00 145,000.00 500,000.00 100,000.00 200,000.00 250,000.00 5,462.00 22,545.00 800,000.00 75,558.00 49,016.00 461,047.00 3,750,000.00 1,400,000.00 $ 9,660,008.00 S $ $ $ Paymen Aug** 0.00 0.00 0.00 0.00 0.00 3,898.00 102.00 0.00 0.00 0.00 26,366.00 19,036.00 0.00 0.00 0.00 0.00 20,000.00 0.00 4,510.00 0.00 6,295.00 4,085.00 38,420.00 0.00 0.00 $ 122,712.00 $ $ $ $ $ 9,660,008.00 || $ 122,712.00 Sept 796,470.00 0.00 0.00 0.00 0.00 3,898.00 102.00 0.00 0.00 0.00 26,366.00 19,036.00 20,000.00 0.00 0.00 0.00 20,000.00 455.00 4,510.00 0.00 6,295.00 4,085.00 38,420.00 0.00 0.00 $ 143,167.00 $ $ $ S $ 143,167.00 Oct 0.00 0.00 0.00 0.00 0.00 3,898.00 102.00 0.00 0.00 0.00 26,366.00 19,036.00 20,000.00 0.00 0.00 0.00 20,000.00 455.00 4,510.00 88,890.00 6,295.00 4,085.00 38,420.00 0.00 0.00 $ 232,057.00 S $ $ $ s by month Nov 0.00 0.00 0.00 0.00 0.00 3,898.00 102.00 0.00 0.00 0.00 26,366.00 19,036.00 20,000.00 0.00 0.00 0.00 20,000.00 455.00 4,510.00 88,890.00 6,295.00 4,085.00 38,420.00 0.00 0.00 $ 232,057.00 $ $ $ $ Dec 0.00 0.00 0.00 0.00 0.00 3,898.00 102.00 2,800.00 20,900.00 0.00 26,366.00 19,036.00 20,000.00 500,000.00 50,000.00 100,000.00 20,000.00 455.00 4,510.00 88,890.00 6,295.00 4,085.00 38,420.00 1 ,500,000.00 0.00 $ 2,405,757.00 $ $ $ $ $ 232,057.00 II $ 232,057.00 II $ 2,405,757.00 Total $796,470.00 $ $ S $ $ 19,490.00 $ 510.00 $ 2,800.00 $ 20,900.00 $ $ 131,830.00 $ 95,180.00 $ 80,000.00 $ 500,000.00 $ 50,000.00 $ 100,000.00 $ 100,000.00 $ 1 ,820.00 $ 22,550.00 $ 266,670.00 $ 31,475.00 $ 20,425.00 $ 192,100.00 $1,500,000.00 $ $ $ $ $ $ $ $3,135,750.00 $ $ $ $ $3,135,750.00 * This Enforceable Obligation Payment Schedule (EOPS) has been adopted by redevelopment agency's Executive Director on August 29, 2011. Source of debt obligations are the 2011 adopted repayment schedules for the Village and SCCRA, approved by the Council and Commission 7/7/09 and 2/8/11 respectively. ** It is also important to note that the City Council and Commssion adopted a voluntary redevelopment program ordinance on August 23, 2011 to continue redevelopment activities, if legislation is upheld by the Supreme Court. -V