COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK AGENDA ITEM TRANSMITTAL REPORT. Meeting Date: September 27, 2011

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1 OAK # v2 Agenda Packet Preparation TIMELINES for Regular City Council Meetings held on the 2 nd & 4 th Tuesdays of each month: Resolutions (other than standard formats for authorizations and approvals), Ordinances & Agreements to Assistant City Attorney via for review and approval as to form DUE no later than NOON Three (3) Mondays prior to Council meeting date Agenda items to City Manager via for his review and responding authorization, synchronized with above timeframe of Assistant City Attorney review, and an copy to the City Clerk for drafting agendas Agenda Items with attachments via and a total of twenty (20) complete hard copy sets with 2 sets single-sided & 18 sets double-sided/stapled to City Clerk DUE no later than NOON Two (2) Fridays prior to Council meeting date Agenda Draft review by Mayor, City Manager, Assistant City Attorney, City Clerk no later than Tuesday morning One (1) week prior to Council meeting date Agenda Packets distributed to City Council and Agendas posted/distributed/mailed on Thursday afternoon One (1) week prior to Council meeting date in compliance with Rohnert Park Municipal Code Section and related Resolution No {This section for City Clerk Use Only} 9/27/2011 CDC Agenda Item ITEM NO. 7.D.1 RESOLUTION NO COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK AGENDA ITEM TRANSMITTAL REPORT Meeting Date: September 27, 2011 Department: Submitted By: Administration Linda T. Babonis, Economic Development Manager Submittal Date: September 20, 2011 Agenda Title: Amended Enforceable Obligation Payment Schedule Requested Council Action: Adopt an Amended Enforceable Obligation Payment Schedule Pursuant to Section 34169(g) of the California Health and Safety Code Summary: On August 23, 2011, the Community Development Commission adopted an Enforceable Obligation Payment Schedule pursuant to Section (g) of the California Health and Safety Code. Following adoption of the Schedule, staff identified certain errors included in the Schedule adopted August 23. The proposed corrections are reflected in the attached Amended Enforceable Obligation Payment Schedule and are summarized below; 1) Items 11, 17, 18, 19, and 21 in the initial Enforceable Obligation Payment Schedule have been corrected to reflect more accurate information, including the timing and specific amounts of payments. These items are now listed in the amended schedule as items 11, 17, 18, 19 and 20. 2) Items 20 and 22 have been deleted from the first Enforceable Obligation Payment Schedule due to the fact that these projects are complete and there will be no FY 2011/12 expenditures to report. 3) Item 21 has been added to the Amended Enforceable Obligation Payment Schedule to reflect an obligation that was inadvertently left off of the schedule. Enclosures: Resolution, Amended Enforceable Obligation Payment Schedule GENERAL COUNSEL S REVIEW: Relevant documents for this agenda item have been reviewed and approved as to form by General Counsel. EXECUTIVE DIRECTOR'S RECOMMENDATION: (x) Consent Item ( ) Regular Item (x) Approval ( ) Public Hearing Required ( ) Not Recommended ( ) Submitted with Comment ( ) Policy Determination by CDC ( ) City Comments: Per Executive Director s review and direction for distribution of this agenda item. (Revised ) JH:TG-S:05-b

2 RESOLUTION NO A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK ADOPTING AN AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO SECTION 34169(g) OF THE CALIFORNIA HEALTH AND SAFETY CODE WHEREAS, the Community Development Commission of the City of Rohnert Park ( Commission ) is a redevelopment agency organized and existing under the California Community Redevelopment Law (Health & Safety Code et seq.) ( CRL ) and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Rohnert Park ( City Council or City, as applicable); and WHEREAS, pursuant to the CRL, the City Council approved and adopted a Redevelopment Plan for the Rohnert Park Redevelopment Project ( Project ) on July 14, 1987, by Ordinance No. 479, (as amended to date, Redevelopment Plan ), and the Commission is vested with the responsibility for implementing and carrying out the Redevelopment Plan; and WHEREAS, the Commission is currently in the process of carrying out the goals and objectives of the Redevelopment Plan by continuing to eliminate blight; increase, improve and preserve the supply of affordable housing in the community; stimulate and expand economic growth and employment opportunities by revitalizing properties and businesses within the Project; and alleviate deficiencies in public infrastructure; and WHEREAS, in connection with approval and adoption of the State Budget for Fiscal Year , the California Legislature has approved, and the Governor has signed (i) ABX1 26 (Stats. 2011, chap. 5, ABX1 26 ), which immediately, and purportedly retroactively, suspends otherwise legal redevelopment activities and incurrence of indebtedness and dissolves redevelopment agencies effective October 1, 2011, and requires redevelopment agencies to adopt a payment schedule for all agency enforceable obligations in conformance with Section 34169(g) of the Health and Safety Code by August 28, 2011, and submit such schedule to the county auditor-controller, the State Controller and the State Department of Finance (the Dissolution Act ); and (ii) ABX1 27 (Stats. 2011, chap. 6, ABX1 27 ), which allows communities to avoid the consequences of the Dissolution Act and continue their redevelopment agency if the community enacts an ordinance agreeing to comply with the alternative voluntary redevelopment program described in Section 2 of ABX1 27 adding Part 1.9 (commencing with section 34192) of Division 24 of the Health and Safety Code (the Alternative Redevelopment Program ); and WHEREAS, in accordance with Section 34169(g)(2) of the Health and Safety Code, the Commission adopted an Enforceable Obligation Payment Schedule on August 23, 2011, and posted the Enforceable Obligation Payment Schedule on the City s website; and OAK # v2 1

3 WHEREAS, Commission staff have prepared an Amended Enforceable Obligation Payment Schedule to correct certain errors in the Enforceable Obligation Payment Schedule adopted on August 23. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Commission hereby adopts the Amended Enforceable Obligation Payment Schedule, attached hereto as Exhibit A. Section 2. The Commission Secretary is hereby directed to post a copy of the Amended Enforceable Obligation Payment Schedule to the City s web site and to transmit a copy of the Amended Enforceable Obligation Payment Schedule to the State Department of Finance, the State Controller and the Sonoma County Auditor in accordance with Section 34169(g)(2) of the Health and Safety Code. DULY AND REGULARLY ADOPTED by the Community Development Commission of the City of Rohnert Park this 27 th day of September, Chairperson ATTEST: Secretary APPROVED AS TO FORM: General Counsel OAK # v22

4 EXHIBIT A ENFORCEABLE OBLIGATION PAYMENT SCHEDULE [Insert] OAK # v2 Exhibit A

5 Name of Redevelopment Agency: Community Development Commission of the City of Rohnert Park Page 1 of 1 Pages Project Area(s) Rohnert Park Redevelopment Project AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE Per AB 26 - Section and (*) Total Outstanding Debt or Obligation Payments by Month (August 1, 2011 through December 31, 2011) as of June 30, Total Due During Project Name / Debt Obligation Payee Description 2011 Fiscal Year Aug** Sept Oct Nov Dec Total Tax Allocation Bonds Bonds issue to fund non-housing projects & 20% set-aside 580, , , Tax Allocation Bonds Bonds issue to fund non-housing projects 31,880, , , , Tax Allocation Bonds Bonds refunding issue 8,506, , , , R Tax Allocation Bonds Bonds issue for non-housing projects 38,086, , , , H Tax Allocation Bonds Bonds issue to fund housing projects 25,586, , , ,991 6 Performing Arts Center Project City of Rohnert Park Loan from City for acquisition and construction of Performing Arts Center (CDC Reso No ) 3,602, ,750 93,375 93,375 7 Community Center Complex City of Rohnert Park Ground Lease (CDC Reso No ) 2,699, ,000 20,083 20,083 20,083 20,083 20, ,415 8 Direct Staff Cost 9 Administration Fees City of Rohnert Park Housing & Redevelopment Manager Administration 3,006, ,352 9,279 9,279 9,279 9,279 9,279 46,395 Support costs (e.g., Executive Director, CFO, IT, etc.) Allocated under Public Improvement & Affordable Housing Reimbursement Agreement (CDC Reso No ) 27,737,586 1,027, , , Burke, Williams & Sorensen, LLP Same City Attorney (CDC Reso No ) 1,620,000 60,000 5,000 5,000 5,000 5,000 5,000 25, County Property Tax Admin Fee County of Sonoma December property tax increment, estimated fee 4,716, , , , Trustee Fees Union Bank Bond Issues 216,000 8, , , Auditing Fees Vavrinek, Trine, Day & Co LLP 14 Pass-through Obligation County of Sonoma 15 Pass-through Obligation County of Sonoma 16 Grant 17 Fund Contribution CourseCo. Sonoma Mountain Business Cluster Commission share of auditing costs (City Reso No ) 216,000 8,000 6,135 6,135 Estimated pass through payments for 11/12 tax year - Health & Safety ,799,534 3,659,242 3,659,242 3,659,242 Estimated pass through payments for 11/12 - Health & Safety ,778,640 1,510,320 1,510,320 1,510,320 Payment obligation under Grant Agreement (CDC Reso No ) 444, , , ,000 Golf course CIP Fund contribution per Lease Agmt w/courseco. (Term May 2021) 200,000 20,000 1,667 1,667 1,667 1,667 1,667 8, Feasibility Study 19 Southwest Station Seifel Consulting (Bond proceeds - reimbursement) Development Feasibility Study of (2) sites (CDC Reso No ) 39,717 39,717 2,157 4,500 8,000 8,000 10,000 32,657 Demolition, expenses for consultant & staff time. Done under Public Improvement & DAMA Construction (Bond Affordable Housing Reimbursement Proceeds - Reimbursement) Agreement (CDC Reso No ) 9,000 9,000 9,000 9, PAC, Sports & Community Ctr (Project # ) Bond Proceeds - Reimbursement Various consultant payees/bonds proceeds - reimbursement Retrofit Studies. Expenses for staff time. Done under Public Improvement & Affordable Housing Reimbursement Agreement (CDC Reso No ) 30,151 30, ,800 2,700 2,700 2,700 10,051 Feasibility Studies. Expenses for consultants and staff time. Done under Public Improvement & Affordable Housing Reimbursement Agreement (CDC Reso No ) 69,065 69,065 1,965 26,500 9,000 12,900 10,400 60,765 Recr & Community Facility 21 Improvements (Project # ) Totals - This Page 288,822,908 10,883,554 2,249,008 71,370 55, ,940 6,012,592 8,670,700 Totals - Page Totals - Page Totals - Page Totals - Other Obligations Totals - All Pages 288,822,908 10,883,554 2,249,008 71,370 55, ,940 6,012,592 8,670,700