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OB - Item 2A - Update Regarding the ROPS SubmittalName of Redevelopment Agency: Rosemead Community Development Commisson Pagel oft Pages Projecl Area(s) Merged Pro ecl Areas RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AS 26 - Section 34167 and 34169 (') These figures are saturated based upon 2010 -11 actual figures. The agreement states the fax Increment fund must offset an shortfalls due to necessary maintenance and overhead costa. Prolec[Name /Debt Obligation Payee Description Category Footling Source Total Outstanding Debt or Obligation Total During Fiscal Vear Payments by month July An Sept Oct Nov Dec Total 2006A Tax Increment Bonds US Bank Tax Increment Bontl Debl Service 1 -Bonds Redevelopment Property Tax Trust Fund 11,906 BMA9 1,333,206.26 1158465.63 $11584fi5.63 - 11 2 2006BTax Increment Bonds US Bank Tax Increment Bontl Debl Service 1 -Bonds Redevelopment Property Tax Trust Fund 40,403520.81 1110,048.]6 595468.13 $ 595 3 2010 Tax Increment Bonds US Bank Tax Increment Bond Debt Service 1 -Bonds Redevelopment Property Tax Trust Fund 15213,]3].58 666,]93.]6 981,696.88 $ 981896.88 4 Con Discolsure on Bonds. Urban Futures Continuing discolureservice10 r2006A, 2006B and 2010A Bon 6- Contracts or Agreement far conlinuetl o,peration Administrative Cast Allowance 109,200.00 5,200.00 5,200.00 $ 5200.00 5 State Contallers'Re ort RAMS Preparation of annual export 8- Contracts or AgmeEnents for continued operation Administrative Cast Allowance 21,000.00 1,000.00 $ 8 Bond Trustee Fees US Bank Banking fees related to the 2006.0 B and 2010A Bonds 8 - Cordacts or Alureenrents for continued operation Administrative Cost Allowance 42,294.00 2,014.00 $ ] Annual Audit RAMS Annual aud0 services 8- ConOacts or Agreements for continued o Administrative Cast Allowance 169,596.00 8,076.00 $ 6 FinamcsSyalem V Bank of the West Lease Oblialon for Finance S 8- Contacts or Agreement for continued o Administrative Cast Allowance 47,400.00 11,800.00 966.67 966.67 966.67 966.67 966.67 966.67 $ 5800.02 9 Statement of Indebtedness Redevelopment Reporting Solutions Pre eration of annual mount 8- Contacts or Agmemers, for conlinuetl operation Administrative Cast Allowance 21000.00 1000.00 1 1 $ 10 Anemias Calculations V Wlldan Preparation of Arbitre a Rebate Calculation 8- Contracts or Agreement for continued operation Administrative Cost Allowance 86,100.00 4100.00 $ 11 Pro ert Tax AuditsMlonitodn HDL Monitor Property Tax Colleclions8 Appeals b ensure Bond Coverage 8- Contracts or Agreements for continued operation Administrative Cost Allowance 264600.00 12600.00 3150.00 3,150.00 $ 6,00.00 12 Rosemead Community Center Parkin Lot Boghossian Enonscring Community Center parking lot deli n 7- Agreements or related obligations Bond Pr.ce.ds 13670.00 13670.00 13670.00 $ 13,670.00 13 Rosemead Community Center Parkin Lod Wlldan Material Testing for P.,bnQ lot en ineenn 7- Agreement or related obligations Bond Proceeds 12720.00 12]20.00 12720.00 $ 12,720.00 L41 Za o an Park Improve ents 1 ADA accessibility &additional Purling 7- Agreements or relatetl obligations Bond Proceeds 1050000.00 1050000.00 $ 15 Rosemead Park Imp rovemants 1 ADA accessibility improvements 7- Agreement or related obligations Bond Proceeds 280,000.00 280000.00 $ L61 Rosemead Community Center l4 Public Plaza Ex anion W6 ADA accessibilit teen center B OUWDDr Placni 7- reemenls or related obligations Bond Proceeds 4,000,000.00 4000000.00 $ 17 New Park at Rush and Walnut Grove 1 Community Infrastructure improvement 7- Agreements or related obligations Bond Proceeds 500 000.00 500 000.00 $ 18 SevrerSystem Expansion 1 Sewer Main Replacement/Upgrade on Garvey Ave. 7 -Agreements or related obligations Bond Proceeds 750,000.00 750000.00 $ 19 Em to e/Ovemead Costs Successor Agency - Crty of Rosemead Administrative Caats (Staffing audits legal, supplies. etc. 4- Salaries B Benefits 8. Contracts or Agreements for continuedoperations Administrative Cost Allowance 4.292 00 204410.00 17034.1] 1]034.1] 17034.17 1],034.1] 1]034.1] 17,034.17 $ 102,205.02 2 Valley Blvd Sbeat Improvements 1 Infrastructure improvement - Dmnlown Corridor 7- Agreements or related obligations Bond Proceeds 250000.00 25000.00 $ 21 I Rosemead Park Turf Renovations 1 Community Infrastructure Improvement 7 -Agreements or related obligate Bond Proceeds 784000.00 78400.00 $ 221 Senior Housing Land Lease -An elus - / Rosemead Housing Development Corp. Cost of annual land lease for pro 7 -Agreements or related obli ation Low and Moderate Income Housing Fund 2553600.00 9120.00 7600.00 7600.00 7600.0 7600.00 7600.00 7,00.00 $ 45600.0 L31 Senior Housing 0 erakons/Ovarhead -An elus Rosemead Housing Development Cam. Cost of annual operations and overhead subsidy amends by City 7 -Agreements orrelalad obli ation Low and Moderate Income Housing Fund 3166800.00 11310.00 9,425.00 9425.00 9425.00 9,425.00 9,425.00 9,425.00 $ 56550.0 L41 Senior Housing Shortfall Subsidy -An In Rosemead housing Development Cor Cost to cover shortfall between rents and. erekonshni intenance 7- Agreements or related obli allons Low and Moderate Income Housing Fund 459340.00 16405.00 1367.08 1367.08 1367.00 1,367.08 1367.08 1,367.08 $ 8202.48 Z51 Senior Housing Land Lease - Garve Rosemead HDusina Development Cam. Cost of annual land lease for property 7 -A reemenls...elated obligate Low and Moderate Income Housing Fund 4202783.31 9220.00 7,683.33 7663.33 7.683.33 7,683.33 7,683.33 7,863.33 $ 46099.98 26 Senior Housing 0 emb rLs/Overhead - Garvey v Rosemead HDusina Development Corp. Cost of annual operators and overhead subsidy provide by City 7 -Agreements or related obligations Low and Moderate Income Housine, Fund 5155475.00 11310.00 9425.00 9425.00 9425.0 9425.00 9425.00 9,425.00 $ 56550.0 27 Senior Housing Shortfall Subsidy - Gamey V Rosemead Housina Development Cor Cost to rover shortfall between rents and. eakoneftmuntenance 7 -A reemenls or related obligations Low and M.demtalnceme Housinq Fund 1495589.19 32,810.00 2,]34.1] 2,]34.1] 2,]34.1] 2,]34.1] 2,734.17 2,734.17 $ 16405.02 28 $ 29 $ 0 31 32) $ Totals - This Page Total Redevelopment Property Tax Trust Fund Total Administrative Cost Allowance - Total Bond Proceeds Total Low and Modeate Income Housing Fund 97251870.38 11459253311 $ 82,625.42 $ 56,2 35.42 $ 59,385.42 $1,810.169.18 $ 56,235.42 $1046482.30 $3111133.16 $ $ 3,110,0411]8 $ $ $ $ $ $ $ $ 20,000.00 $ $ $ $ $ $ $ $ 7 $ $ $ $ $ $ $ $ 458,815.00 $ $ $ $ $ $ These figures are saturated based upon 2010 -11 actual figures. The agreement states the fax Increment fund must offset an shortfalls due to necessary maintenance and overhead costa. ROSEMEAD SUCCESSOR AGENCY STAFF REPORT TO: THE HONORABLE CHAIR AND BOARD MEMBERS FROM: MATTHEW HAWKESWORTH, ASSISTANT CITY MANAGER DATE: MAY 16, 2012 SUBJECT: UPDATED ROPS SUBMITTAL SUMMARY The Department of Finance (DoF) has returned the ROPS for the period of July to December 2012 with three items that they are specifically opposing. Per the letter (Attachment A) sent to the Successor Agency, the DoF is objecting to the Public Plaza /Rosemead Community Center Construction, the Zapopan Park Renovations and the Sewer System Expansion projects. Based upon the letter, it appears that the DoF did not review all of the items included on the ROPS, but rather took a sampling of the items and has objected to these based upon the sampling. Since the DoF has not taken a look at the ROPS as a whole, it is unclear whether the DoF may object to any other items included in the ROPS; however, it is understood that if these Capital Improvement Projects were rejected, then it is likely that all Capital Improvement Projects would be rejected. Further complicating the ROPS submittal is an email sent by the DoF regarding the County's property tax distributions set for June 1 In this email (Attachment B), the DoF clarifies the position that the County will not distribute any funds to a Successor Agency if the ROPS is not approved by the DoF. In the case of Rosemead, failure to distribute property tax funds would result in the inability to make the required debt service payments on the 2006 and 2010 series bonds. This is a scenario that should avoided if possible, but with the DoF's partial review of the initial ROPS, makes the entire process a bit unclear. Due to the incredibly tight timeframes involved, the Successor Agency is prepared to submit a revised ROPS with the caveat that based upon feedback from the DoF, certain items may be further removed in order to obtain approval. Staff Recommendation: That the Oversight Board approve Resolution 2012 -0005 (Attachment C) approving the Revised ROPS for the period of July through December 2012. BACKGROUND On April 26, 2012, the ROPS, as approved by the Oversight Board, was submitted to the County of Los Angeles, the State Controller and the Department of Finance for review. As allowed under the Health and Safety Code, the DoF utilized their full 13 APPROVED FOR CITY COUNCIL AGENDA: Rosemead Successor Agency Oversight Board May 16, 2012 Page 2 of 3 working day allowance to review the ROPS and request additional information. During the review period a number of contracts and background information was requested by the DoF, and on May 14 a letter was received from the DoF returning the ROPS back to the Successor Agency for reconsideration. Successor Agency staff immediately contacted the DoF for further clarification of their letter in hopes of avoiding a prolonged back - and -forth negotiation with future ROPS submittals. Thus far the DoF staff has been very responsive in listening to our requests although no specific feedback or direction has been provided. The City of Rosemead as the Successor Agency still believes that the Capital Improvement Projects included in the ROPS are Enforceable Obligations; however, due to the looming June 15t deadline and threats by the State of not releasing any funds, the City also recognizes that this dispute will likely not be resolved by the deadline. In an effort to reach a compromise for the time being, the Successor Agency has requested the ability from the DoF to leave the Capital Improvement Projects on the ROPS without any funding required for the ROPS period of July to December 2012 in hopes that a resolution can be made prior to the next ROPS adoption. The League of California Cities has provided direction from their meetings with the DoF that the DoF has expressed a willingness to entertain such measures while these types of issues are worked through. Additionally, the Successor Agency has not received the Agreed Upon Procedures report that was conducted by a third -party auditor of the County. During the preliminary discussions with the auditor who conducted the review, staff believes that the auditor may very well support the Successor Agency's stance that the projects were clearly defined and obligated as part of the 2010 Bond issuance. Further complicating the ROPS submittal, the DoF has not provided feedback on the remaining items included on the ROPS. More specifically, no determination has been made in regards to the funding for the two low- income senior housing complexes. As previously presented to the Oversight Board, this funding is critical to the ongoing operations of the two sites and any failure to approve funding will likely result in these facilities being turned over to the County's Housing Authority or other housing agency as provided by law. The Successor Agency would like to resubmit the revised ROPS with the senior housing projects still included with the understanding that if the DoF was to reject the ROPS once again on the basis of these projects, the Successor Agency staff could follow the same steps to keep them on the ROPS, but remove funding for the current six month period while a resolution is sought. Staff also believes that based upon the preliminary conversations with the County's third -party auditor, these contracts are valid under the Health and Safety Code requirements. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process in accordance with the Brown Act. Rosemead Successor Agency Oversight Board May 16, 2012 Page 3 of 3 Prepared by: Matthe\v E. Hawkesworth Assistant City Manager Attachments: A — DoF Letter B — Email from DoF C — Resolution 2012 -0005 Q� er` � NT o � Af 1• . Attachment A w IIII n DEPARTMENT OF EoMUNO G , BRO JR. • GOVERNOR 64klm ' Fl N A N C E 915 L 9THEET N 9ACI MENTO CA ■ 958 743706 ■ WWW.00F.CA.MOV May 11, 2012 Matthew Hawkesworth, Assistant City Manager City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Dear Mr, Hawkesworth: Pursuant to Health and Safety Code (HSC) section 34177 (1) (2) (C), the City of Rosemead Successor Agency submitted a Recognized Obligation Payment Schedule (ROPS) to the California Department of Finance (Finance) on April 26, 2012 for the period July through December 2012. Finance staff contacted you for clarification of items listed in the ROPS. HSC section 34171 (d) lists enforceable obligation (EO) characteristics. Based on a sample of line items reviewed and application of the law, the following does qualify as an EO: Page 1, Line items 14, 16, and 18 totaling $5.8 million. HSC section 34163(b) prohibits a redevelopment agency from entering into a contract with any entity after June 27, 2011. It is our understanding that no contracts have been awarded for the amounts listed on the RODS. As authorized by HSC section 34179 (h), Finance is returning your ROPS for reconsideration. This action will cause the ROPS items noted above to be ineffective until Finance approval. Furthermore, items listed on future ROPS will be subject to review and may be denied as EOs. Finance may continue to review items on the ROPS in addition to those mentioned above and identify additional issues. We will provide separate notice if we are requesting further modifications to the ROPS. It is our intent to provide an approval notice with regard to each ROPS prior to the June 1 property tax distribution date. If you believe we have reached this conclusion in error, please provide evidence the item above meets the definition of an EO and submit to Redevelopment Administration@dof.ca.00v Please direct inquiries to Robert Scott or Jenny DeAngelis at (916) 322 -2985. Sincerely, fi / *� A MARK HILL Program Budget Manager cc: Ms. Arlene Barrera, Division Chief of Property Tax Division, Los Angeles County Ms. Kristina Bums, Program Specialist 111, Los Angeles County Attachment B From: Hill, Chris [Chris. Hill@dof. ca.gov< Chris. Hill(@dof. ca.gov Sent: Thursday, May 10, 2012 3:41 PM Cc: Hill, Mark; Monroe, Mark; Stacy, Zachary Subject: Guidance on June 1 Payments Per our conversation earlier today, I'd like to clarify Finance's position on the distribution of property tax revenues to the successor agencies from the RPTTF - I think we may have given some conflicting guidance on the matter. Finance's position is that all distributions from the RPTTF must be made on June 1 for the ROPS covering July 2012 through December 2012. If a successor agency has not submitted to Finance a RODS before June 1 and we have not approved a ROPS, then that successor agency should receive no property tax revenue for the July through December BOPS. Instead, all property tax to which that successor agency may have been entitled should flow to the ATEs as property tax revenue in accordance with HSC section 34183. To facilitate this, Finance will provide auditor - controllers with letters of approval and letters of denial for every ROPS we have received - we will attempt to provide these letters by May 25, but some additional letters may trickle in over the course of the subsequent days. If an auditor - controller does not have an approval or denial letter in hand for a successor agency on June 1, then our position is that the auditor - controller should provide that successor agency no property tax revenue for July 2012 through December 2012. If an auditor - controller needs to lock down the system prior to June 1 in order to process the payments, and you do not have an approval or denial letter in hand for a given successor agency by the lock -down date, then our position is that the auditor - controller should provide no property tax to that successor agency for July 2012 through December 2012. We would appreciate if you could share this e -mail with the property tax managers' group. Please let me know if you have any questions or concerns. Thanks. IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that, unless expressly stated otherwise, any federal tax advice or analysis contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication. This transmission is intended only for the use of the addressee and may contain privileged information, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. If you received this e -mail communication in error, please immediately notify the sender by replying to this communication or by contacting the sender by telephone at (510) 836 -6336. Thank you. Attachment C RESOLUTION: 2012 -0005 A RESOLUTION OF THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULES FOR THE PERIOD OF JULY 1, 2012 THROUGH DECEMBER 31, 2012 WHEREAS, California Health and Safety Code section 34179 requires that each Successor Agency have an Oversight Board; and WHEREAS, Section 34177 requires each Successor Agency to prepare a draft Obligation Payment Schedule ( "ROPS ") and section 34180 requires the Oversight Board to approve same; and WHEREAS, Section 34177 provides that each ROPS shall be forward looking to the next six months: and WHEREAS, section 34177 requires that the draft ROPS prepared by the Successor Agency be certified by an external auditor designated by the County Auditor - Controller and then submitted to the Oversight Board for approval, after which it is to be transmitted to the County Auditor - Controller, the State Controller and the State Department of Finance; and WHEREAS, notwithstanding the sequencing contemplated in section 34177, the Department of Finance is requesting the ROPS be considered by the Oversight Board and transmitted as soon as possible; and WHEREAS, the County of Los Angeles has assigned an auditor, but has not indicated when it will complete the external audits of the draft ROPS; and WHEREAS, the County will not make any payments of property taxes to the Successor Agency for use in payment of the obligations listed on the ROPS until the ROPS has been approved by the Oversight Board. Any delay in such payment could impair the Successor Agency's ability to make payments for the enforceable obligations; and WHEREAS, the Successor Agency prepared a draft ROPS for the period July 1, 2012 through December 31, 2012 is attached hereto as Exhibit A. NOW THEREFORE, THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION HEREBY RESOLVES: The ROPS for the period July 1, 2012 through December 31, 2012 attached hereto as Exhibit B is hereby approved. 2. Successor Agency staff is directed to provide a copy of this Resolution along with the approved ROPS to the County Auditor - Controller, the State Controller's Office and the State Department of Finance. PASSED, APPROVED AND ADOPTED this 16th day of May 2012. Chairperson Matthew E. Hawkesworth Successor Agency Staff Assistant City Manager HEREBY CERTIFY that the above and foregoing resolution was duly passed and adopted by the Oversight Board for the Successor Agency to the Rosemead Community Development Commission at its special meeting held on the 16 day of May 2012, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: Matthew E. Hawkesworth Successor Agency Staff Assistant City Manager