HomeMy WebLinkAboutSA Res SA12-04 2012-02-271
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RESOLUTION NUMBER SA 12 -04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY ADOPTING A DRAFT INITIAL
RECOGNIZED OBLIGATION PAYMENT SCHEDULE
PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177
AND TAKING CERTAIN ACTIONS IN CONNECTION
THEREWITH
RECITALS
A. AB X1 26 and AB X1 27 were signed by the Governor of California
on June 29, 2011, making certain changes to the Community Redevelopment
Law (Part 1 (commencing with Section 33000) of Division 24 of the California
Health and Safety Code) (the "Redevelopment Law "), including adding Part 1.8
(commencing with Section 34161) ( "Part 1.8 ") and Part 1.85 (commencing with
Section 34170) ( "Part 1.85 ").
B. The California Redevelopment Association and League of
California Cities filed a lawsuit in the Supreme Court of California (California
Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861))
alleging that AB X1 26 and AB X1 27 are unconstitutional. On December 29,
2011, the Supreme Court issued its opinion in the Matosantos case largely
upholding AB X1 26, invalidating AB X1 27, and holding that AB X1 26 may be
severed from AB X1 27 and enforced independently.
C. The Supreme Court generally revised the effective dates and
deadlines for performance of obligations in Part 1.85 arising before May 1, 2012,
to take effect four months later.
D. As a result of the Supreme Court's decision, the Seal Beach
Redevelopment Agency ( "Redevelopment Agency "), a redevelopment agency in
the City of Seal Beach (the "City "), created pursuant to the Redevelopment Law,
was dissolved pursuant to Part 1.85 on February 1, 2012.
E. By its Resolution No. 6211, adopted on January 9, 2012, the City
Council of the City made an election to serve as the successor agency for the
Redevelopment Agency under Part 1.85 (the "Successor Agency ").
F. By its Resolution No. 6222, adopted on February 13, 2012, the City
Council, acting as the governing board for the Successor Agency, established
rules and regulations applicable to the governance and operation of the
Successor Agency, and pursuant to such resolution provided that the Successor
Agency will be governed by a Board of Directors (the "Board ") consisting of the
members of the City Council of the City.
G. Health and Safety Code Section 34177(1), as modified by the
California Supreme Court, provides that by March 1, 2012, the Successor
Agency must prepare a draft initial Recognized Obligation Payment Schedule for
the enforceable obligations of the former Redevelopment Agency, in accordance
with the requirements of paragraph (I). The draft schedule must be reviewed and
certified, as to its accuracy, by an external auditor designated at the county
auditor - controller's direction pursuant to Health and Safety Code Section 34182.
The certified Recognized Obligation Payment Schedule must be submitted to
and approved by the oversight board. Finally, after approval by the oversight
board, a copy of the approved Recognized Obligation Payment Schedule must
be submitted to the county auditor - controller, the State Controller and the State
Department of Finance ( "DOF "), and be posted on the Successor Agency's web
site. The first Recognized Obligation Payment Schedule submitted to the State
Resolution Number SA 12 -04
Controller and the DOF will be for payments for the period of January 1, 2012 to
June 30, 2012, inclusive.
H. Accordingly, the Board desires to adopt this Resolution approving a
draft initial Recognized Obligation Payment Schedule in accordance with
Paragraph G.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY, HEREBY
FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
Section 2. This Resolution is adopted pursuant to Health and Safety Code
Section 34177.
Section 3. The Board hereby approves the draft initial Recognized Obligation
Payment Schedule substantially in the form attached as Exhibit A to this
Resolution and incorporated herein by reference (the "ROPS "). The Executive
Director of the Successor Agency, in consultation with the Successor Agency's
legal counsel, may modify the ROPS as the Executive Director or the Successor
Agency's legal counsel deems necessary or advisable.
Section 4. The Board hereby designates the City Manager or the City
Manager's designee as the official to whom the DOF may make requests for
review in connection with the ROPS and who shall provide the DOF with the
telephone number and e-mail contact information for the purpose of
communicating with the DOF.
Section 5. The officers and staff of the Successor 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
submitting the certified Recognized Obligation Payment Schedule to the
oversight board for approval, and any such actions previously taken by such
officers are hereby ratified and confirmed.
PASSED, APPROVED and ADOPTED by the Successor Agency to the Seal
Beach Redevelopment Agency at a special meeting held on the 27th day
of February , 2012 by the following vote:
AYES: Board Members L 4zt al i1
NOES: Board Members
ABSENT: Board Members 1/
ABSTAIN: Board Members r J)1,
Mayor /Chair
ATTEST:
ecr6tary/City Cler
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Resolution Number SA 12 -04
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 SA 12 -04
on file in the office of the City Clerk, passed, approved, and adopted by the
Successor Agency to the Seal Beach Redevelopment Agency at a special
meeting held on the 27th day of February , 2012.
e retary/City Clerk
Resolution No. SA12 -04 - EXHIBIT "A"
Initial Draft - Recognized Obligation Payment Schedule
(Adopted February 27, 2012)
Per AB 26 - Section 94177(I)(1) and 34177 (I)(3)
$ 121,942.50'
$ 10,062 50
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$ 2,400 00
$ 180,000 00
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$ 15,000 00
$ 28,200 00 1
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$ 2,500 00 1
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$ 1,823 20 1
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• All totals due during fiscal year and payment amounts are projected.
*Funding sources from the successor agency: (For fiscal 2011 -12 only, references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1, 2012)
RPTTF - Redevelopment Property Tax Fund ACA - Successor Agency Administrative Cost Allowance
LMI - Low and Moderate Income Housing Fund
10,400 00
4,700 00
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20,400.00
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4,700 00
3,400 00
20,400.00
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10,062 50
10,400 00
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4,700 00
11111
2,000 001
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20,400.001
121,942 50
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10,400 00
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5,000 00
4,700 00
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3,400.00
20,400.00
$ 180,942.50
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f12,500 00
110
5,000 00
4,700 00
__- 1,250001
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215 00
3,400 00
20,400 001
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20,000 00
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149,787 00
400 001
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5,000.00
4,700.00
1,400.00
12.
1,250 00 I_
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11,600 001
1,823.20
400 00
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500.00
Total Due Dunng
Fiscal Year
663,315 00
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0
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105,000.00
6,500.00
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800 00
33,700 00
45,000 00
33,000 00
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1,000.00
29,000.00
1,823 20
1,823.20
2,200 00
2,400.00
2,000 00
2,500.00
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1,615 001
215 00
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102,000 00
Total Outstanding
Debt or Obligation
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1,346,7953$
1 105,00000
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800 00
33,700 00
45,000 00
33,000 00
1,400.00
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1,000.00
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31,529.35
31,529.35
2,200 00
00'0
35,278.711
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215 00
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170,70000_
102,000 00
1RPTTF
RPTTF /ACA/LMI
Reserve balance
/RPTTF
LL
0
LMIBRPTTF
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$J"
RPTTF
CC
RPTTF
LMI
LMI
LMI
Reserve balance
/RPTTF
RPTTF /ACA
RPTTF
CC
CC
CC
LMI
Reserve Balance
RPTTF _
RPTTF
Reserve balance
/ RPTTF
LMI
RPTTF /ACA
0
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CC
CC
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'Bond issue
Legal counsel
Acquisition of sewer easement
CDBG and mobilehome park
construction
mobilehome park monitoring
Rental Assistance Agreement
SB 211 requires agencies to
pass -tax increment to taxing
Dues/pro-rated legal costs
Park design for Prop 84 grant
application
Improvements to individual
mobile home
Improvements to individual
mobilehome
Improvements to individual
mobilehome
Financial advisor services
Financial advisor services
Capital Improvement lease
payment
Trustee administration costs
Trustee administration costs
Improvements to individual
mobilehome
Administrative costs
Bond fiscal services
Bond fiscal services
10 Year Storm Drain
Improvements in Project Area
Improvements to individual
mobile home
Improvements to individual
mobile home- Refund
Annual audit
Administrative costs 1
Project costs
Bank of New York
Bank of New York
Richards Watson
Gershon
City of Seal Beach
C
o
N
V
V
Rosenow Spevacek
Group
Seal Beach Shores
Tax Entities
Califomia
Redevelopment Agency
Carner Johnson
Veridian Construction
Eric Wilkerson 8 Co
Kilter Termite
Bay City Partners, LLC
d
E1
0.
.0
Ef
0
i
.
%
7
City National Bank
Bank of New York
Bank of New York
E
RDA Officers 1
Wildan Financial
Services
Wildan Financial
Services
Contractors
ZZ Construction
Terry Brennon
Lance Soli 8 Lunghard
Sucessor Agency staff
Sucessor Agency staff
2000 Tax Allocation
Bond A
12000 Tax Allocation
Bond B
Contract for legal
services
Sewer Easement
Payment
Contract for consulting
services
Contract for consulting
services
Low Mod / Rental
Assistance
'Statutory Pass -
Through
Legal challenge to AB
26827
Marina Park Grant
Application
Seal Beach Shores
Trailer Park
Seal Beach Shores
Trailer Park
Seal Beach Shores
Trailer Park
First Street Parkland
Contract for consulting
services
Contract for consulting
services
Zoeter Field
2000 Tax Allocation
Bond A
2000 Tax Allocation
Bond B
Seal Beach Shores
Trailer Park
Board Members
meeting
2000 Tax Allocation
Bond A
2000 Tax Allocation
Bond B
Storm Drain -- f
Improvements
Seal Beach Shores
Trailer Park
Seal Beach Shores
Trailer Park
Contract for audit
services
Sucessor Agency Staff
Sucessor Agency Staff
N
17
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