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HomeMy WebLinkAboutPCDSA Resolution 2015-03 09/14/2015Resolution No. 2015 -03 of the Petaluma Community Development Successor Agency ADOPTING A JANUARY 1, 2016 - JUNE 30, 2016 RECOGNIZED OBLIGATION PAYMENT SCHEDULE ( "ROPS 15 -16B ") AND ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 (1) WHEREAS, the City of Petaluma (City) resolved to act as the Petaluma Community Development Commission Successor Agency (PCDSA or Successor Agency) to, and assumed all rights and obligations of, the former Petaluma Community Development Commission (PCDC), by Resolution No. 2012 -03; and WHEREAS, the City Council established the PCDSA as an independent public entity pursuant to Health and Safety Code Section 34173(g), on August 6, 2012, by Resolution No. 2012 -118 N.C.S.; and WHEREAS, the liability of the PCDSA is limited pursuant to Health and Safety Code Section 34173(e) and other applicable law; and WHEREAS, the PCDSA is required to adopt a six month enforceable obligation payment schedule referred to as the Recognized Obligation Payment Schedule (ROPS), and an administrative budget, which it has done for each of the initial six -month periods of the newly formed PCDSA; and WHEREAS, the ROPS 15 -16B and administrative budget, covering the period from January 1, 2016 - June 30, 2016, are due to the State Department of Finance (DOF) by October 1, 2015; and WHEREAS, the Oversight Board for the PCDSA must review and approve the ROPS 15 -16B and administrative budget prior to their submission to DOF; and WHEREAS, in adopting ROPS 15 -16B, the PCDSA will comply with all applicable posting and notification requirements, including posting the ROPS 15 -165B on the Successor Agency's website and providing a copy thereof to the Oversight Board for the PCDSA, the County Administrative Officer, the Department of Finance, and the Sonoma County Auditor - Controller; and WHEREAS, a draft ROPS 15 -16B and administrative budget for the period January 1, 2016 - June 30, 2016, a copy of which is attached as Exhibit A & B, has been presented to the PCDSA, the PCDSA is familiar with the contents thereof, and the Executive Director has recommended approval of the same, subject to the contingencies and reservation of rights set forth in this Resolution; and WHEREAS, the PCDSA reserves the right to challenge the legality of Assembly Bill x1 26, AB 1484 and /or any implementing regulations, and to rescind its acceptance of Successor Agency rights and obligations, and reserves any and all rights concerning Assembly Bill x1 26 and AB 1484 pursuant to applicable law, and PCDSA Resolution No. 2015 -03 Page 1 WHEREAS, the PCDSA reserves the right to further amend the ROPS 15 -16B and administrative budget; and WHEREAS, in adopting the ROPS 15 -16B and administrative budget, the PCDSA does not intend to waive, nor shall the PCDSA be deemed to have waived, any rights the PCDSA may have pursuant to or in connection with any obligation listed on the ROPS 15 -16B and administrative budget, including without limitation, the right to modify, amend, terminate or challenge any obligation listed on the ROPS 15 -16B or the administrative budget. NOW, THEREFORE, BE IT RESOLVED BY THE PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY PURSUANT TO HEALTH AND SAFETY CODE 34171(1), that the Petaluma Community Development Successor Agency hereby: 1. Finds that the Recitals set forth above are true and correct, and are incorporated herein by reference. 2. Approves the Recognized Obligation Payment Schedule for the period January 1, 2016 - June 30, 2016 (ROPS 15 -16B) and the administrative budget, attached hereto as Exhibit A & B, pursuant to Health and Safety Code section 34177(1), subject to all reservations of rights and contingencies set forth above. 3. Authorizes and directs the Executive Director or his designee to take all actions necessary to implement this Resolution, including without limitation, the submission of the draft ROPS 15 -16B simultaneously to the Oversight Board for the PCDSA, the Sonoma County Administrative Officer, the Sonoma County Auditor - Controller, and the State Department of Finance; and the posting of this Resolution and the Recognized Obligation Payment Schedule 15 -16B on the Successor Agency's website. 4. Declares that if any provision, sentence, clause, section, or part of this Resolution is found to be unconstitutional, illegal or invalid, such finding shall affect only such provision, sentence, clause, section or part, and shall not affect or impair any of the remainder. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Petaluma Community Development Successor Agency at a Regular Meeting on the 141h of September, 2015, by the following vote: AYES: Albertson, Barrett, Healy, Kearney, King, Miller NOES: None ABSENT. Glass ABSTAIN: None ATTEST: Recording Secretary iw�r Vice Chair as to form General Counsel PCDSA Resolution No. 2015 -03 Page 2 IR m CE G C a� 60 r r � 7 N o U U � N cC o a G O � LL N V 12 cd E O L (1) U c d a o` 4- U 0 6 N N z z 01 (01 1 % m C00 N N O N c0� O O 0) h N 0) N N f0 to W h N td 01 (01 1 % m C 'O C 7 LL LL F a v c LL F- X O h- d a a N V E rn o c w LLJ a U. LL c F O c 0 c IL rn U) U) o N d O N O w (� II m 00 N 0 U LL c `a O c � S ,�.?' w O LL O O_ N N CJ �.: C M N j 41 O m O .S ro m a Z LL s g t U`o of o o c$ z° w 0) w Fo- Q CO U o w LL 0 x PCDSA Resolution No. 2015 -03 R o co tt) (O : (�0 In N 9 d a' N G N C O 4 O a� 0 w ER i/ rn C 'v c LL LL cr N Q/ c 12 LL F- rL a 0 a C v U — --� Y N � 0) t0 CO [n L LL LL N m m , LL F- � Q p O a`r � a o c O W O C a LL Q LL Or o n v a o L a n 0 12 O N LL a` !r CL O 0 d O O � a U m ` v "0 23 LL a o Q w Q 0 N F- a) E Z _a N• Uo� E Co U E :2 c6 � 6 0 N o O y m (n O •~� c o U 3 Un.�O Exhibit A N 7 (6 Page 3 Petaluma Recognized Obligation Payment Schedule (ROPS 15 -1613) ROPS Detail January 1, 2016 through June 30, 2016 (Report Amounts in Whole Dollars) A B C D E F G H Contract/ ontracti tern # Project Name / Obligation Agreement greement ayee Description/ Project Area Debt Obligation Type Execution Termination Date Project Scope Date 2 TAB -2003A Tax Allocation Bonds Issued On 1011/2003 511/2033 U.S. Bank Bonds issued to fund non- PCDC Merged Bonds - REFINANCED or Before 12/31/10 housing projects 3 TAB -2005A Tax Allocation Bonds Issued On 10/1!2005 5/1!2030 U.S. Bank Bonds issued to fund non- PCDC Merged Bonds - REFINANCED or Before 12/31/10 housing projects 4 TAB -2007A Tax Allocation Bond Bonds Issued On 4/1/2007 511/2039 U.S. Bank Bonds issued to fund non- PCDC Merged or Before 12131/10 housing projects 5 TAB -2011 Tax Allocation Bonds Bonds Issued After 12/31/10 3/15/2011 5/1/2024 U.S. Bank Bonds issued to fund non- housing projects PCDC Merged 45 Bond Expenditure Agreement Bonds Issued On or Before 12/31110 6 /1 112 01 5 N/A City of Petaluma Expenditure of bond proceeds according to PCDC Merged 46 TAB -2015A Tax Allocation Bonds Issued U. S. Bank Bonds issued to fund non - PCDC Merged Bonds After12/31 /10 housing projects 47 TAB -20158 Tax Allocation Bonds Issued U. S. Bank Bonds issued to fund non- PCDC Merged Bonds After 12/31/10 housing projects Cooperative Agreements - Exhibit A/Section 8 - Economic Cooperative Agreement as 48 Dev. Programs; Exhibit B /Section Miscellaneous 4/25/2012 6/18/2047 City of Petaluma reinstated by Resolution of the PCDC Merged 3- Affordable Hsg programs as Oversight Board reinstated by Resolution #2012- #2012 -03 adopted April 25, 2012 03 of the OB January 31, 2011 Cooperative Miscellaneous 4/25/2012 6/18/2047 City of Petaluma January 31, 2011 Cooperative PCDC Merged Agreement by and between the Agreement by and between the Petaluma Community Petaluma Community Development commission and the Development Commission and 49 City of Petaluma, as to Item 1 on the City of Petaluma Exhibit A, the `Old Redwood Highway Interchange Project" January 31, 2011 Cooperative Miscellaneous 4/25/2012 6/18/2047 City of Petaluma January 31, 2011 Cooperative PCDC Merged Agreement by and between the Agreement by and between the Petaluma Community Petaluma Community Development Commission and Development Commission and 50 the City of Petaluma as to Item 3 the City of Petaluma on Exhibit A, the "101 /East Washington Interchange Project" January 31, 2011 Cooperative Miscellaneous 4/25/2012 6/18/2047 City of Petaluma January 31, 2011 Cooperative PCDC Merged Agreement by and between the Agreement by and between the Petaluma Community Petaluma Community Development Commission and Development Commission and 51 the City of Petaluma s to Item 5 or the City of Petaluma Exhibit A, the "Rainer Avenue Cross -town Connector/ Interchange Project," PCDSA Resolution No. 2015 -03 Page 4 A B I J K L M N 0 P Non - Redevelopment Property Tax Trust Fund (Non- RPTTF) RPTTF Total Item # Project Name / Outstanding Retired Six -Month Debt Obligation Debt or Proceeds Reserve Other Funds Non - Admin Admin Total Obligation Balance $136,248,287 $203,160 $ $ $5,571,129 $125,000 $5,899,289 2 TAB -2003A Tax Allocation N $ Bonds - REFINANCED 3 TAB -2005A Tax Allocation N $ Bonds - REFINANCED TAB-2007A Tax Allocation 56614,367 N 1,587,711 $1,587,711 Bonds 5 TAB -2011 Tax Allocation Bond 9,092,560 N 1,175,918 $1,175,918 5 Bond Expenditure Agreement 203,160 N 203,160 $203,160 6 TAB -2015A Tax Allocation 19,525,000 N 1,327,594 $1,327,594 Bonds 7 TAB -2015B Tax Allocation 16,025,000 N 1,358,906 $1,358,906 Bonds Cooperative Agreements - Exhibit A/Section 8 - Economic 8 Dev, Programs; Exhibit 8,584,200 N 11,000 $11,000 B /Section 3- Affordable Hsg programs as reinstated by Resolution #2012 -03 of the OB January 31, 2011 Cooperative Agreement by and between the 15,000,000 N Petaluma Community Development commission and 9 , -: the City of Petaluma, as to Item 1 10,000 $10,000 on Exhibit A, the 'Old Redwood Highway Interchange Project! January 31, 2011 Cooperative Agreement by and between the 2,732,000 N Petaluma Community Development Commission and 50 the City of Petaluma as to Item 3 10,000 $10,000 on Exhibit A, the '101 /East Washington Interchange Project.' January 31, 2011 Cooperative Agreement by and between the 8,472,000 N Petaluma Community Development Commission and 51 the City of Petaluma s to Item 5 10,000 $10,000 on Exhibit A, the 'Rainer Avenue Cross -town Connector/ Interchange Project.' PCDSA Resolution No, 2015 -03 Page 5 m w Uh ohr` w F C O rE O O p E Q Q OC� o N C N Q' G C a PCDSA Resolution No. 2015 -03 Page 6 �+ a <4 N r O ? O a dr trtrr, C N h h (1 Y r o t� LL CYi 1 � ' q, t t; c. `fir ry iii �i`i ti`i tro io 6 t, a a w w xma',. '7 A H al ry Vi h N r•1 M V .1h � ,�' u r � � �• = iri � f' ^� y�, o N IA O IS � P w n IL 2 m rn 6 ry Ni M M 111 b U p co t- O IY b N 4 "iJ .� `,J', TrJ M Cfl: iP 4 Y,i O 10 y1 t, �Qyii$ o / uy O `! 41 M �i ro ; °y rte; P v' y iJ jyt 4 rn qa GNy N rj Gl i! G A- 41 p "- N V°I "•'r; 1 W V 4` rV ui t.• + c �°,", ci � It'. � M1! to � i � �' N p o � � N � c� u. r4 •F �� � tO w b N p p ro m Ct Co , L Y ar ,., O r4 r N b vy In ty�J t,: �• VY _�. V� a i o N x � U � N p p O b '/1 G tt by •..y O b 'F mr u, to c 6i c Y IY.{ a 71 uvi (a c E `41 4 c E - vU tli c . c D t1 ci �tM h yj I) a v a°p c •v w c m U G 5 Y 4 rY !S � Y oc to ' cr + Y N M V h W !ti M N Q IV ;S Q Ci At. iry t£J p+ pay PCDSA Resolution No. 2015 -03 Page 6 Petaluma Recognized Obligation Payment Schedule (ROPS 15 -1613) Report of Prior Period Adjustments Reported for the ROPS 14 -15B (January 1, 2015 through June 30, 2015) Period Pursuant to Health and Safety Code (HSC) section 34186 (a) (Report Amounts in Whole Dollars ROPS 14 -15B Successor Agency (SA) Self- reported Prior Period Adjustments (PPA): Pursuant to HSC Section 34186 (a), SAs are required to report the differences between their actual available funding and their actual expenditures for the ROPS 14 -15B (January through June 2015) period. The amount of Redevelopment Property Tax Trust Fund (RPTTF) approved for the ROPS 15 -16B (January through June 2016) period will be offset by the SA's self - reported ROPS 14 -15B prior period adjustment. HSC Section 34186 (a) also specifies that the prior period adjustments self - reported by SAs are subject to audit by the county auditor - controller (CAC) and the State Controller. A B C T D E I F I G H I J Non -RPTTF Expenditures Bond Proceeds Reserve Balance Other Funds Available RPTTF (BOPS 14-16B distributed + all other Project Name/ available as of Item# Debt Obllgatlon Authorized Actual Authorized Actual Authorized Actual Authorized 01/1116) $ - $ $ 596,753 $ 596,753 $ 76,000 $ - $ 3,636,650 $ 3,636,650 2 TAB -2003A Tax 596,753 596,763 395,362 395,362 3 TAB4005A Tax 1,120,310 1,120,310 4 TAB -2007A Tax 924,106 924,106 Allocation Bonds 5 TAB -2011 Tax - 972,286 972,286 Allocallon Bonds 40 LITIGATION -Old - 105,873 105,873 Redwood & Relriler 41 t1TIGATION -Old 118,713 118,713 Redwood, Rainier, Co-Op Agreement 42 Cash Flow Loan 75,000 from City Available RPTTF Difference (ROPS 14 -158 Not Lesser of (If K Is less than L, disldbuled +all other Net Lesser of Authorized/ the difference is avalable as of Authorized/ AvallaWe Actual zero) Authorized 01/1/16) Available Actual Net SA Non -Adrrin and Adnin PPA (Amount Used to Offset ROPS 15.168 Difference (If total actual oxceetls total authorized the total difference Is Net Difference SA Comments PCDSA Resolution No. 2015 -03 Page 7 Petaluma Recognized Obligation Payment Schedule (ROPS 15 -16B) - Notes January 1. 2016 throuah June 30, 2016 Item # I Notes /Comments 49 As authorized by Health & Safety Code Section 34171(d)(1)(G)(2) as amended by SB 107, 50 As authorized by Health & Safety Code Section 34171(d)(1)(G)(2) as amended by SB 107. 51 As authorized by Health & Safety Code Section 34171(d)(1)(G)(2) as amended by SB 107, PCDSA Resolution No. 2015 -03 Page 8 PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY Administrative Budget FY 2015 -2016 ROPS 15 -16 A & B Admin charges (wages, etc) Professional Service /Audit Utilities /Maintenance /Repairs Legal Services Office Supplies Cell Phone Office Rent Bank/Trustee fees /Financial oversight Exhibit B FY 15 -16A FY 15 -16B Total for Year $ 95,290 $ 95,290 8,000 8,000 4,000 4,000 5,000 5,000 250 250 460 460 3,000 3,000 9,000 9,000 $ 125,000 $ 125,000 $ 250,000 PCDSA Resolution No, 2015 -03 Page 9