RDA RES 2011-013 RESOLUTION NO. RDA 2011-13
A RESOLUTION OF THE RANCHO PALOS VERDES REDEVELOPMENT
AGENCY ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
PURSUANT TO PART 1.8 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND
SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION
THEREWITH.
RECITALS:
A. The Rancho Palos Verdes Redevelopment Agency (the "Agency") is a
redevelopment agency in the City of Rancho Palos Verdes (the "City"), created pursuant to
the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division
24 of the California Health and Safety Code) (the "Redevelopment Law").
B. The City Council of the City (the "City Council") adopted Ordinance No. 190,
approving and adopting the redevelopment plan for Project Area No. 1, and from time to
time, the City Council has amended such redevelopment plan. The Agency is undertaking
a program to redevelop the Project Area.
C. AB X1 26 was signed by the Governor of California on June 29, 2011, making
certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with
Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the
California Health and Safety Code. Commencing upon the effectiveness of AB X1 26, AB
X1 26 suspends most redevelopment agency activities and, among other things, prohibits
redevelopment agencies from incurring indebtedness or entering into or modifying
contracts. Effective October 1, 2011, AB X1 26 dissolves all existing redevelopment
agencies and redevelopment agency components of community development agencies,
designates successor agencies to the former redevelopment agencies, imposes numerous
requirements on the successor agencies and subjects successor agency actions to the
review of oversight boards established pursuant to the provisions of Part 1.85.
D. Health and Safety Code Section 34169, which is set forth in Part 1.8, requires
a redevelopment agency to adopt an enforceable obligation payment schedule within 60
days of the June 29, 2011 effective date of Part 1.8. The enforceable obligation payment
schedule must list all of the obligations that are enforceable within the meaning of Health
and Safety Code Section 34167(d) and include specific information about each obligation.
E. Health and Safety Code Section 34167(h), which is set forth in Part 1.8,
provides that a redevelopment agency shall not make a payment unless it is listed in an
adopted enforceable obligation payment schedule, other than payments required to meet
obligations with respect to bonded indebtedness, after the enforceable obligation payment
schedule is adopted pursuant to Health and Safety Code Section 34169, or after 60 days
from the effective date of Part 1.8 (i.e., August 28, 2011) whichever is sooner.
F. AB X1 27 was signed by the Governor of California on June 29, 2011, adding
Part 1.9 (commencing with Section 34192) to Division 24 of the California Health and Safety
Code. Part 1.9 establishes an Alternative Voluntary Redevelopment Program whereby,
notwithstanding the provisions of Part 1.8 and Part 1.85, a redevelopment agency will be
authorized to continue to exist and carry out the provisions of the Redevelopment Law upon
the enactment, prior to the applicable deadline established in Part 1.9 (with the earliest
deadline being October 1, 2011), by the city council of the city which includes that
redevelopment agency of an ordinance to comply with Part 1.9. Pursuant to Health and
Safety Code Section 34192, if a city participates in the Alternative Voluntary
Redevelopment Program and complies with all requirements and obligations contained in
Part 1.9, the redevelopment agency in that city will be exempt from Part 1.8 and Part 1.85.
G. The California Redevelopment Association and League of California Cities
have filed a lawsuit in the Supreme Court of California alleging that AB X1 26 and AB X1 27
are unconstitutional. On August 11, 2011, the Supreme Court of California decided to hear
the case and set a briefing schedule designed to allow the Supreme Court to decide the
case before January 15, 2012. On August 11, 2011, the Supreme Court also issued a stay
order, which was subsequently modified on August 17, 2011. Pursuant to the modified stay
order, the Supreme Court granted a stay of all of AB X1 27 (i.e., Part 1.9), except for Health
and Safety Code Section 34194(b)(2) (relating to the determination of cities' fiscal year
2011-12 remittance amounts) and a partial stay of AB X1 26. With respect to AB X1 26, Part
1.85 was stayed in its entirety, but Part 1.8 (including Health and Safety Code Sections
34167 and 34169) was not stayed. Accordingly, the Agency desires to adopt an
Enforceable Obligation Payment Schedule.
NOW, THEREFORE, THE RANCHO PALOS VERDES 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 34169.
Section 3. The Agency hereby adopts the enforceable obligation payment
schedule 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
www.palosverdes.com/rpv.
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.
RDA 2011-13
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Section 7. The officers and staff of the Agency are herby 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 Director of Finance & Information
Technology 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.
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 ON August 24, 1►11.
Chair
Attest:
Agency Secretary
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, Agency Secretary of the Rancho Palos Verdes
Redevelopment Agency hereby certify that the above RDA Resolution No. 2011-13 was
duly and regularly passed and adopted by the said Redevelopment Agency at a special
meeting thereof held on August 24, 2011.
Agency Secretary
RDA 2011-13
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Name of Redevelopment Agency: Rancho Palos Verdes Redevelopment Agency
Project Area(s) Project Area No. 1
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Per AB 26 - Section 34167 and 34169
Exhibit
(1) To Be Determined - The County of Los Angeles impounds Agency tax increment to repay the debt to the County. Each December 2nd, after making the scheduled Tax Increment Bond payments,
the remaining amount of
impounded tax increment is applied to the Deferred Interest Debt.
(2) To Be Determined - The Tax Sharing Agreement stipulates that 17% of gross tax increment is to be passed thru to the County Fire Protection District.
(3) To Be Determined - Property Tax Administration Fees are determined by the County of Los Angeles. The Agency typically receives notice of the fee amount in December of each year.
RDA 2011 -13
Exhibit A
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Project Name / Debt Obligation
Payee
Description
Total
Outstanding Deb
or Obligation
Total Due During
Fiscal Year
Payments by Month
Aug
Sept
Oct
Nov
Dec
Total
1)
1997 Tax Increment Bond
County of Los Angeles
Restructured debt to abate active landslides
within the Project Area
5,165,000.00
355,750.00
0.00
0.00
0.00
0.00
229,125.00
$ 229,125.00
2)
1997 Deferred Interest Debt
County of Los Angeles
Accrued interest on original debt to abate
active landslides in the Project Area
798,601.47
TBD (1)
0.00
0.00
0.00
0.00
TBD (1)
$ -
3)
Consolidated Loan from City
City of Rancho Palos
Verdes
Loan from City to abate active landslides in
the Project Area
18,568,185.88
0.00
0.00
0.00
0.00
0.00
0.00
$ -
4)
Tax Sharing Agreement for Fire
Protection
Los Angeles County Fire
Protection District
Fire protection services
N/A
TBD (2)
TBD (2)
TBD (2)
TBD (2)
TBD (2)
TBD (2)
$ -
5)
Property Tax Administration Fees
County of Los Angeles
Administration of the property tax increment
N/A
TBD (3)
0.00
0.00
0.00
0.00
TBD (3)
$ -
6)
Contract for Audit
Diehl, Evans & Co., LLP
Independent audit of financial statements
9,400.00
9,400.00
0.00
3,133.33
3,133.33
3,133.34
0.00
$ 9,400.00
7)
Abalone Cove Property Assessment
Abalone Cove Landslide
Abatement District
Property assessment for parcels owned by
Agency
0.00
7,008.41
0.00
0.00
0.00
0.00
0.00
$ -
8)
Klondike Canyon Property Assessment
Klondike Canyon Landslide
Abatement District
Property assessment for parcels owned by
Agency
0.00
10,967.72
0.00
0.00
0.00
0.00
0.00
$ -
9)
Contract for Agency Attorney
Richards, Watson &
Gershon
Legal services
N/A
10,000.00
833.33
833.33
833.33
833.33
833.33
$ 4,166.65
10)
JAMCAL Affordable Housing Project
City of Rancho Palos
Verdes Affordable Housing
Fund
Loan to RDA Housing Fund that was then
loaned to AMCAL to fund project construction
costs
1,766,368.00
0.00
0.00
0.00
0.00
0.00
0.00
$ -
11)
$ -
12)
$ -
13)
$ -
14)
$ -
15)
$ -
16)
$ -
17)
$ -
18)
$ -
19)
$ -
20)
$ -
21)
$ -
22)
$ -
23)
$ -
24)
$ -
25)
$ -
26)
$ -
27)
$ -
28)
1
1
1
1
1 $ -
29)
$ -
30)
$ -
Totals
$ 261307,555.35
$ 3931126.13 1
833.33
$ 3,966.66JI
$ 3,966.66 11
$ 3,966.6711
$ 229,958.33
$ 242,691.65
(1) To Be Determined - The County of Los Angeles impounds Agency tax increment to repay the debt to the County. Each December 2nd, after making the scheduled Tax Increment Bond payments,
the remaining amount of
impounded tax increment is applied to the Deferred Interest Debt.
(2) To Be Determined - The Tax Sharing Agreement stipulates that 17% of gross tax increment is to be passed thru to the County Fire Protection District.
(3) To Be Determined - Property Tax Administration Fees are determined by the County of Los Angeles. The Agency typically receives notice of the fee amount in December of each year.
RDA 2011 -13
Exhibit A
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