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Home My WebLink AboutRDA AG PKT 2011-09-26 #3REDEVELOPMENT AGENCY AGENDA STAFF REPORT { DATE: September 26, 2011 TO: Honorable Chair and Board Members THRU: Jill R. Ingram, Executive Director FROM: Mark H. Persico, AICP, Director of Development Services SUBJECT: ADOPT AMENDMENT NO. 1 TO MODIFY THE ENFORCEABLE OBLIGATION PAYMENT SCHEDULE (FOPS) SUMMARY OF REQUEST: That the Agency adopt Resolution No. 11 -14 (Amendment No. 1) modifying the Enforceable Obligation Payment Schedule (EOPS) by adding lines 9 -16. BACKGROUND AND ANALYSIS: AB X1 26 and AB X1 27 were signed by the Governor of California on June, 29, 2011. These two companion bills significantly impacted how Redevelopment Agencies operate. According to the provisions of the two bills, if a City "opted in" to the Alternative Voluntary Redevelopment Program (AVRP) outlined in AB X1 27, the provisions of AB X126 should not apply. However, the California Supreme Court partial stay of the legislation muddled the situation. For this reason even through the Redevelopment Agency of the City of Seal Beach opted into the State's AVRP we are still bound by certain provisions of AB X126, including preparation of an EOPS. An EOPS must be prepared showing all payments the Agency will make through December 31, 2011. Vendors must appear on the EOPS before they are paid. The Agency has a number of ongoing construction projects in the Trailer Park and those individual contracts were not on the recently adopted EOPS. Under the provisions of the law, an Agency can amend the EOPS as necessary. At this point staff is recommending that the schedule be modified to include additional vendors as shown in lines 9 — 16 of the EOPS. The additional items to be paid are all within the limits of the approved Fiscal Year 11 -12 budget. Agenda Item 3 ENVIRONMENTAL IMPACT: There will be no new environmental impact associated with any of the decisions outlined above. LEGAL ANALYSIS: Agency Counsel has reviewed and concurred with this report. FISCAL IMPACT: None. Adoption of the EOPS will authorize the Agency to pay its enforceable obligations after its adoption. RECOMMENDATION: Staff recommends that the Agency adopt Resolution No. 11 -14 (Amendment No. 1) modifying the Enforceable Obligation Payment Schedule (EOPS) by adding lines 9 -16, and authorize the Executive Director to file a copy with the State Controller's Office, the State Department of Finance and the County Auditor - Controller. SUBMITTED BY: Mark H. Persico, AICP Director of Development Services NOTED AND APPROVED: Q0 R. Ingram, Ex cu ive Director Attachments: A. Resolution No. 11 -14 Page 2 RESOLUTION NUMBER 11 -14 A RESOLUTION OF THE SEAL BEACH REDEVELOPMENT AGENCY AMENDING THE ENFORCEABLE OBLIGATION PAYMENT SCHEDULE BY ADDING LINES 9 — 16 PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH (AMENDMENT NO. 1) THE SEAL BEACH REDEVELOPMENT AGENCY HEREBY RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Redevelopment Agency of the City of Seal Beach adopted Resolution No. 11 -12 pursuant to Health and Safety Code Section 34169. Section 2. The Agency wishes to amend the Resolution and the enforceable obligation payment schedule attached thereto by adding lines 9 —16. Section 3. The Agency hereby amends the enforceable obligation payment schedule by adding lines 9 -16 which is attached as Exhibit A to this Resolution and incorporated herein by reference (the "Enforceable Obligation Payment Schedule "). 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. Amendments shall be posted to the Internet Web site described in Section 4, above, for at least three business days before a payment may be made pursuant to an amendment. 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 of the posted Enforceable Obligation Payment Schedule and notifications of any amendments will 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. Section 8. The Agency hereby designates the Executive Director as the official to whom the Department of Finance may make requests for review in connection with the Enforceable Obligation Payment Schedule and who shall provide the Department of Finance with the telephone number and e-mail contact information for the purpose of communicating with the Department of Finance. Section 9. The adoption of the Enforceable Obligation Payment Schedule is not intended and shall not constitute a wavier by the Agency of any rights the Agency may have to challenge the legality of all or any portion of AB X1 26 or AB X1 27 through administrative or judicial proceedings. Section 10. 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. Resolution Number 11 -14 Section 11. This Resolution has been reviewed with respect to applicability of the California Environmental 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 organizational or administrative activity that will not result in a direct or indirect physical change in the environment. (Guidelines Section 15378(b)(5)). PASSED, APPROVED and ADOPTED by the Seal Beach Redevelopment Agency at a regular meeting held on the 26th day of September , 2011 by the following vote: AYES: Agency Members NOES: Agency Members ABSENT: Agency Members ABSTAIN: Agency Members Chair ATTEST: Secretary/City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, Secretary/City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 11 -14 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 26th day of _ September , 2011. Secretary/City Clerk EXHIBIT A AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE ADDING LINES 9 -16 Res #11 -xx - Amended EOPS Name of Redevelopment Agency: Redevelopment Agency of the City of Seal Beach Project Area(s) Rrverfront Project Area AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE ADDING LINES 9 -16 Per AB 26 - Section 34167 and 34169 (') Page 1 of 1 Project Name / Debt Obligation Payee Description Total Outstanding Debt or Oblioation Total Due During Fiscal Year Pa menu b month Aug Sept Oct Nov Dec Total 1 2000 Tax Allocation Bond A Bank of New York Bond issue 5185 000.00 663 315.00 541 372.50 $ 541 372.50 2 2000 Tax Allocation Bond B Bank of New York Bond issue 390,000.00 63 200 00 51,087.50 $ 51,087.50 3 Contract for legal services Richards Watson Gershon Le al counsel 125,000.00 10 10,400.00 10 400.00 10 400.00 $ 41,600 DO 4 Contract for consulting services Civic Stone CDBG and mobilehome park construction 150,000.00 12,500 00 12,500.00 12 500.00 12,50000 $ 50,000.00 5 Contract for consulting services Rosenow S evacek Group Bond and mobilehome park monitoring 3 400.00 400.00 400.00 1 400.00 $ 1 6 Low Mod / Rental Assistance Seal Beach Shores Rental Assistance A reement 180 000.00 $ 7 Affordable Housing Fund LMI LMI Fund The Agency deposits 20% of tax Increment 446,800.00 $ 8 Statutory Pass - Through Tax Entities SB 211 requires agencies to ass -tax increment to taxing entities 149,787.00 $ 9 Legal challenge to AB 26 & 27 California Redevelopment Agency Association Dues/pro-rated legal costs 800.00 400.00 400.00 $ 800.00 10 Marina Park Grant Application Comer Johnson Park design for Prop 84 grant application 86 7 2,300.00 $ 9.80000 11 Seal Beach Shores Trailer Park Vendian Construction Improvements to individual mobilehome 35,00000 7,200.00 7.90000 7,800.00 $ 22,900 00 12 Seal Beach Shores Trailer Park Gutter Masters Improvements to individual mobilehome 435.00 435.00 $ 435.00 13 Seal Beach Shores Trailer Park Pike Stair Company Improvements to individual mobilehome 13,500.00 13 500.00 $ 13 500.00 14 Seal Beach Shores Trailer Park Orange County Fence Improvements to individual mobilehome 1,000.00 1,00000 $ 1,000.00 15 Seal Beach Shores Trailer Park Eric Wilkerson & Co. Improvements to individual mobilehome 35,000.00 9 9,500 00 9 $ 28,500 00 16 Seal Beach Shores Trailer Park National Tree & Landscape Improvements to individual mobilehome 1,050.00 1 17 $ 18 $ 19) $ Totals -This Page Grand total -All Pages E5 5,000.00 $ 1,954,387.00 $ $ 579 807.50 $ 106 687.50 $ 44 350.00 $ 32,800.00 $ 762,595.00 5,000.00 $ 1,954,387.00 ® $ 579,807.50 11 $ 106,687.50 $ 44,350 00 $ 32 800.00 $ 762,595.00