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HomeMy WebLinkAboutStaff Report 3.D 01/09/2017Agenda Item #3.D DATE: January 09, 2017 TO: Honorable Mayor and Members of the City Council through City Manager Honorable Chair and Members of the Petaluma Community Development Successor Agency Board through Executive Director 7 FROM: Ingrid Alverde, Economic Development / Redevelopment Manage r SUBJECT: Resolution Adopting a July 1, 2017 — June 30, 2018 Recognized Obligation Payment Schedule (ROPS 17-18) and Administrative Budget Pursuant to Health and Safety Code Section 34177 (1) RECOMMENDATION It is recommended that the Petaluma Community Development Successor Agency (Successor Agency) approve the Resolution Adopting a July 1, 2017 — June 30, 2018 Recognized Obligation Payment Schedule (BOPS 17-18) and Administrative Budget Pursuant to Health and Safety Code Section 34177 (1). BACKGROUND On December 29, 2011, the California Supreme Court upheld the constitutionality of ABxl 26 dissolving redevelopment agencies statewide as of February 1, 2012. The Council established the Petaluma Community Development Successor Agency (Successor Agency) as a separate legal body to oversee the dissolution of the former Petaluma Community Development Commission (PCDC). DISCUSSION The Recognized Obligation Payment Schedule is the document that serves as the budgeting authority for the Successor Agency. In the past it was updated and approved by the State of California every six months and now it is approved once a year. The upcoming ROPS period is July 1, 2017 — June 30, 2018 and is referred to as the ROPS 17-18 because it covers obligations for fiscal year 17-18. The attached ROPS requests funds to pay for ongoing debt service and administration. It also includes a request for funds to pay for the Rainier interchange crossing. We are able to request these funds as a result of newly adopted legislation that allows cities to recapture previous obligations related to State highway projects. The State Department of Finance (DOF) noted in last year's ROPS approval letter that the Successor Agency's request for the maximum administrative budget of $250,000 appeared to be excessive. The letter suggests that the Oversight Board scrutinize future requests for administrative funding. To date, the Successor Agency administrative fund balance is ($388,939) indicating that the administrative allowance does not even cover the extensive staff, finance and legal support needed to manage the Successor Agency activities. The proposed ROPS requests $250,000 for the annual administration budget - the maximum allowed by law. The ROPS and the administrative budget are due to the DOF by March 1, 2017 and must first be reviewed and approved by the Oversight Board. The Oversight Board is scheduled to review the ROPS and administrative budget on January 18, 2017. The early due date provides sufficient time for DOF to review the listed items and confer with Successor Agencies in time for the June distribution of property taxes. The attached resolution includes the ROPS 17-18 and the administrative budget for your review and consideration (Exhibit A & B of the Resolution). FINANCIAL IMPACTS The ROPS 17-18, once approved by the Oversight Board and the State Department of Finance, will provide for the needed funds to administer the PCDSA and pay for enforceable obligations of the Successor from July 1, 2017 — June 30, 2018. ATTACHMENTS Resolution Adopting the Fiscal Year 17-18 Recognized Obligation Payment Schedule 2 Attachment 1 RESOLUTION NO. A RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY ADOPTING A JULY 1, 2017 — JUNE 30, 2018 RECOGNIZED OBLIGATION PAYMENT SCHEDULE ("ROPS 17-18") 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 was 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, newly adopted legislation requires a yearlong period for the ROPS; and WHEREAS, the ROPS 17-18 and administrative budget, covering the period from July 1, 2017 — June 30, 2018, are due to the State Department of Finance (DOF) by February 1, 2017; and WHEREAS, the Oversight Board for the PCDSA must review and approve the ROPS 17-18 and administrative budget prior to their submission to DOF; and WHEREAS, in adopting ROPS 17-18, the PCDSA will comply with all applicable posting and notification requirements, including posting the ROPS 17-18 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 3 WHEREAS, a draft ROPS 17-18 and administrative budget for the period July 1, 2017 — June 30, 2018, 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 xl 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 xl 26 and AB 1484 pursuant to applicable law; and WHEREAS, the PCDSA reserves the right to further amend the ROPS 17-18 and administrative budget; and WHEREAS, in adopting the ROPS 17-18 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 17-18 and administrative budget, including without limitation, the right to modify, amend, terminate or challenge any obligation listed on the ROPS 17-18 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 July 1, 2017 — June 30, 2018 (ROPS 1748) 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 17-18 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 17-18 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. Successor Agency: County: Recognized Obligation Payment Schedule (ROPS 17-18) - Summary Filed for the July 1, 2017 through June 30, 2018 Period Petaluma Sonoma Current Period Requested Funding for Enforceable Obligations A Enforceable Obligations Funded as Follows (B+C+D): B Bond Proceeds C Reserve Balance D Other Funds E Redevelopment Property Tax Trust Fund (RPTTF) (F+G): F RPTTF G Administrative RPTTF H Current Period Enforceable Obligations (A+E): Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. S Detail /s/ Name Signature Exhibit A 17-18A Total 17-18B Total (July - December) (January - June) ROPS 17-18 Total $ 4,700,000 $ - $ 4,700,000 4,700,000 - 4,700,000 $ 125,000 $ 5,606,429 $ 5,731,429 - 5,481,429 5,481,429 125,000 125,000 250,000 $ 4,825,000 $ 5,606,429 $ 10,431,429 Title Date 5 Exhibit A Exhibit A 7 Petaluma Recognized Obligation Payment Schedule (ROPS 17-18) - ROPS Detail July 1, 2017 through June 30, 2018 (Report Amounts in Whole Dollars) A B C D E F G H I J K L M N O P O R S T U V W 17-18A Jul —December 17-188 Januar -June' Fund Sources Fund Sources Contract/Agreement ContracVAgreement Total Outstanding 17-18A 17-18B Item # Project Name7Debt Obligation Obligation Type Execution Date Termination Date Payee Description/Project Scope Project Area Debtor Obligation Retired ROPS 17-18 Total Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Total Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Total <50 January 31, 2011 Cooperative ImprovementAnfrestruclure 4/2512012 6/18/2047 City of Petaluma January 31, 2011 Cooperative N $ - $ - $ - Agreement by and between the Agreement by and between the '. Petaluma Community Development Petaluma Community Development ' Commission and the City of Commission and the City of Petaluma Petaluma as to Item 3 on Exhibit A, the'101/East Washington Interchange Project." 51 January 31, 2011 Coop Agreement Improvemen9lnfrastmcture 42572012 6/18/2047 City of Petaluma January 31, 2011 Cooperative PCDC Merged 8,472,000 N $ ::4,700,000 4,700,000 $ x4,700,000, 5, " by and between the Petaluma Agreement by and between the Community Development Petaluma Community Development Commission and the City of Commission and the City of Petaluma Petaluma as to Item 5 on Ex. A, 'Rainer Avenue Cross-town Connector/Interchange Pro'." 52 January 31, 2011 Coop Agreement Project Management Costs 4/252012 6/18/2047 City of Petaluma January 31, 2011 Cooperative N $ by and between the Petaluma Agreement by and between the Community Development Petaluma Community Development Commission and the City of Commission and the City of Petaluma Petaluma as to Item 1 on Fit. C, 'Staffing and Administrative Expenses' -53 N $ - $ - _.54 N $ $ $, `55 N $ $ 56 57 N $ $' - - - 69 N $ $ "60 N $ $ ,$ -`62 N $ $ 64 N 5 $ ': 65 N $ 67 N $ Is 7 Exhibit A Petaluma Recognized Obligation Payment Schedule (ROPS 17-18) - Report of Cash Balances (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (1), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet. A B C D E I F G H I Fund Sources Bond Proceeds Reserve Balance Other RPTTF Prior ROPS Prior ROPS period balances RPTTF Bonds issued on and DDR RPTTF distributed as Rent, Non -Admin or before Bonds issued on balances reserve for future grants, and Cash Balance Information by ROPS Period 12/31/10 or after 01/01/11 1 retained period(s) I interest, etc. I Admin I Comments ROPS 15-16B Actuals (01/01/16 - 06/30/16 1 Beginning Available Cash Balance (Actual 01/01/16) 203,321 10,033,093 67,615 2 Revenue/Income (Actual 06/30/16) RPTTF amounts should tie to the ROPS 15-16B distribution from the County Auditor -Controller during January 2016 472 1,821 5,560,097 3 Expenditures for ROPS 15-16B Enforceable Obligations (Actual 06/30/16) - - - 3,588,067 4 Retention of Available Cash Balance (Actual 06/30/16) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 2,039,645 5 ROPS 15-16B RPTTF Balances Remaining No entry required 6 Ending Actual Available Cash Balance CtoG=(1 +2-3-4), H=(1 +2-3-4-5) $ 203,793 $ 10,034,914 $ - $ - $ - $ - Petaluma Recognized Obligation Payment Schedule (ROPS 17-18) - Notes July 1, 2017 through June 30, 2018 Item # Notes/Comments Exhibit A E Petaluma Recognized Obligation Payment Schedule (ROPS 17-18) - Notes July 1, 2017 through June 30, 2018 Item # Notes/Comments Exhibit A 10 PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY Administrative Budget FY 2017-2018 ROPS 17-18 Admin charges (wages, etc) Professional Service/Audit Utilities/Maintenance/Repairs Legal Services Office Supplies Bank/Trustee fees/Financial oversight FY 17-18A FY 17-18B Total for Year $ 98,750 $ 98,750 8,000 8,000 4,000 4,000 5,000 5,000 250 250 9,000 9,000 $ 125,000 $ 125,000 $ 250,000 Exhibit B 11