Loading...
08/25/2015t CITY OF GRAND TERRACE AGENDA & STAFF REPORTS FOR THE REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL AS THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY & THE GRAND TERRACE HOUSING AUTHORITY Tuesday, August 25, 2015 6.00 p.m. Regular Meeting COUNCIL CHAMBERS GRAND TERRACE CIVIC CENTER - 22795 BARTON ROAD GRAND TERRACE, CA 92313 Darcy McNaboe, Mayor Sylvia Robles, Mayor Pro Tern Jackie Mitchell, Council Member Doug Wilson, Council Member Bill Hussey, Council Member G Harold Duffey, City Manager Richard L Adams, City Attorney Pat Jacquez-Nares, City Clerk Sandra Molina, Community Development Director Linda Phillips, Child Care Director Cynthia A Fortune, Finance Director The Grand Terrace City Council meets on the Second and Fourth Tuesday of each month at 6 00 p m Council Chambers A B CITY OF GRAND TERRACE CITY COUNCIL AGENDA • AUGUST 25, 2015 Regular Meeting Grand Terrace Civic Center • 22795 Barton Road 6 00 PM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990 If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk Speakers will be called upon by the Mayor at the appropriate time Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours In addition, such documents will be posted on the City's website at www grandterrace-ca gov <http //www grandterrace-ca gov> CALL TO ORDER Convene City Council and City Council as the Successor Agency to the Community Redevelopment Agency Invocation Pledge of Allegiance ROLL CALL Attendee Name,,, Present Absent `Late Arrived Mayor Darcy McNaboe ❑ ❑ ❑ Mayor Pro Tern Sylvia Robles ❑ ❑ ❑ Council Member Jackie Mitchell ❑ ❑ ❑ Council Member Doug Wilson ❑ ❑ ❑ Council Member Bill Hussey ❑ ❑ ❑ SPECIAL PRESENTATIONS — NONE CONSENT CALENDAR The following Consent Calendar items are expected to be routine and noncontroversial They will be acted upon by the City Council at one time without discussion Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion City of Grand Terrace Page 1 Agenda 'Grand Terrace City Council August 25, 2015 All Public Hearings will be conducted following this format a) Public Hearing opened b) Written communication c) City Council questions/staff comments d) Applicant's comments (applicant not limited to 3 minutes) e) Oral - favor and opposition (speakers limited to 3 minutes) f) Applicant's rebuttal (applicant not limited to 3 minutes) g) Public Hearing closed h) City Council deliberation 4 Extension of an Interim Urgency Ordinance of the City Council, Adopted Pursuant to Government Code Section 65858, Temporarily Prohibiting the Expansion or Establishment of Tobacco and Electronic Cigarette Retail Businesses, Smoke Shops and Vapor Lounges RECOMMENDATION 1 Adopt this Agenda Report as the Official Written Report Required by Government Code Section 65858(d), and, 2 Read by title only, waive further reading and adopt an INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, EXTENDING FOR TWELVE (12) MONTHS A CITY-WIDE MORATORIUM ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858, TEMPORARILY PROHIBITING EXPANSION OF EXISTING, OR THE ESTABLISHMENT OF, NEW TOBACCO AND ELECTRONIC CIGARETTE RETAIL BUSINESSES, SMOKE SHOPS, AND VAPOR LOUNGES DEPARTMENT COMMUNITY DEVELOPMENT F UNFINISHED BUSINESS - NONE G NEW BUSINESS 5 Approval of Check Register No 07312015 in the Amount of $1,053,818 41 RECOMMENDATION Approve Check Register No 07312015 in the amount $1,053,818 41, as submitted, which includes the Check Register Account Index for Fiscal Year 2015-16 DEPARTMENT FINANCE 6 Monthly Financial Report for June 2015 RECOMMENDATION Receive and file the Monthly Financial Report for the period ending June 30, 2015 DEPARTMENT FINANCE City of Grand Terrace Page 3 2 CITY OF GRAND TERRACE . CITY COUNCIL MINUTES • AUGUST 11, 2015 Council Chambers Regular Meeting 6 00 PM Grand Terrace Civic Center • 22795 Barton Road A CALL TO ORDER Mayor McNaboe called the meeting to order at 6 01 p m Invocation was led by Pastor Andy McRae of Azure Hills Seventh-Day Adventist Church Pledge of Allegiance was led by Mayor McNaboe ROLL CALL Attendee Name I I I , Title Status Arrived Darcy McNaboe Mayor, Present Sylvia Robles Mayor Pro Tern Present Jackie Mitchell Council Member Present Doug Wilson Council Member Present Bill Hussey Council Member Present G Harold Duffey City Manager Present Pat Jacquez-Nares City Clerk Present Richard Adams City Attorney Present Sandra Molina Community Development Director Present Linda Phillips Director of Child Care Services Present Cynthia Fortune Finance Director Present Steve Lasiter Battalion Chief Present Robert O'Bnne Lieutenant Present Steve Dorsey Captain Present Adreane Freeman Management Analyst Present SPECIAL PRESENTATIONS San Bernardino County Sheriff's Department Quarterly Statistics Report - Lt O'Brine Lt O'Brme provided a PowerPoint presentation of the City of Grand Terrace quarterly statistics report Council Member Wilson appreciated the explanation on how response times are defined He would like to receive follow-up status reports on service calls that are listed in the weekly report the Council receives City of Grand Terrace Page i Packet<Pg 5 Z Minutes Grand Terrace City Council August 11, 2015 2 3 4 5 1.1 Consent Laienaar items i . z ana 4 tnrouan t were RESULT APPROVED [UNANIMOUS] MOVER Sylvia Robles, Mayor Pro Tern SECONDER Jackie Mitchell, Council Member AYES McNaboe, Robles, Mitchell, Wilson, Hussey Waive Full Reading of Ordinances on Agenda WAIVED FULL READING OF ORDINANCE ON THE AGENDA Approval of Minutes — Regular Meeting — 07/14/2015 APPROVED THE MINUTES OF THE 07/14/2015 REGULAR MEETING Approval of Minutes — Special Meeting — 07/21/2015 Mayor McNaboe read for the record the Minute corrections APPROVED THE MINUTES AS CORRECTED OF THE 07/21/2015 SPECIAL MEETING RESULT APPROVED [UNANIMOUS] MOVER Darcy McNaboe, Mayor _ SECONDER Jackie Mitchell, Council Member AYES McNaboe, Robles, Mitchell, Wilson, Hussey Approval of Minutes — Regular Meeting — 07/28/2015 APPROVED THE MINUTES OF THE 07/28/2015 REGULAR MEETING Contract Agreement with High Tech Security AWARDED THE AGREEMENT TO HIGH TECH SECURITY, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR ONE (1) YEAR IN THE ANNUAL AMOUNT NOT TO EXCEED $1,100 00 WITH THE OPTION OF TWO (2) ONE (1) YEAR EXTENSIONS FOR A TOTAL OF (3) THREE YEARS Request by the Grand Terrace Lions Club and Foundation of Grand Terrace for a Waiver of City Fees and Direct Billing of Sheriffs Department Costs through the City for the 2015 5K Run/Walk for Freedom and Healthy GT Event at Pica Park and on City Streets WAIVED CITY FEES IN THE AMOUNT OF $1,735 AND AUTHORIZE BILLING OF SHERIFF'S DEPARTMENT COSTS THROUGH THE CITY FOR THE 2015 5K RUN/WALK FOR FREEDOM AND HEALTHY GT HEALTH FAIR City of Grand Terrace Page 3 Packet Pg 7 V 2 H 2w Minutes Grand Terrace City Council August 11, 2015 Mayor Darcy McNaboe Mayor McNaboe thanked everyone involved in the National Night Out last Tuesday, August 4 She appreciated the participation of the public safety organizations as the Sheriff, Citizens Patrol, California Highway Patrol (CHP), Search and Rescue The event had employees of Target with activities for the children She further reported that she and the City Manager met with Assembly Member Cheryl Brown and her staff to discuss AB113 and provisions that may allow the City of Grand Terrace to use bond proceeds from Redevelopment Bonds sold in June of 2011 City staff was following up with some documentation that the Assembly Member had requested Mayor McNaboe was invited to a celebration that Grand Terrace Health Care Center held today to honor one of their own, Nadia Welsher who had been recognized by Provider Magazine as one of their 2015 "20 to Watch" leaders in long term care This periodical was described as their industry's Sport Illustrated, this was a big honor to those who are part of this list Grand Terrace Health Care had been recognized in their industry as an excellent provider of care, Nadia no doubt was a contributor to these honors On a separate note, the Health Care Center anticipated having the parking lot they were constructing next door completed in mid -September City Manager Duffey has been working on scheduling a couple of days for the council to have a Vision workshop to update the 2030 Vision She requested that part of this workshop contain a discussion about public safety E PUBLIC HEARINGS r 8 Public Hearing Relating to the Adoption of Residential and Commercial Solid Waste and Recycling Rate Increases Management Analyst Freeman provided the summary for the PowerPoint presentation on this item Mike Arreguin, Burrtec Vice President, stated that in the past Burrtec had been able to absorb these increases but now they need to be passed on to the residents He was available for any questions the Council may have Mayor McNaboe opened the public hearing at 6 50 p m Jeffrey McConnell, Grand Terrace resident, asked how this would benefit in cost recovery as stated in the 2030 Vision Community Development Director Molina answered that this was a cost of service to the end user and if the City did not recover from the end user it would have to pay for this service Mayor McNaboe clarified that the rates were going up and if the residents did not pay then the money would come out of the general fund City of Grand Terrace Page 5 Packet P; g 9 d cc U c d N! C 0 0 d v a 0 a U) w a `k2 Minutes Grand Terrace City Council August 11, 2015 G NEW BUSINESS 10 Consideration of Southern California Edison's Street Light Acquisition Program Community Development Director Molina provided a summary of this item DIRECT STAFF TO RETURN WITH A POLICY TO REQUIRE ALL NEW DEVELOPMENTS HAVE LIGHTING AND LANDSCAPING DISTRICTS FOR STREET LIGHTS THE POLICY SHALL REQUIRE LIGHT POLES TO USE LED LIGHTS AND ASSESSMENTS TO COVER ANNUAL COSTS FOR ELECTRICITY (WHICH INGLUUtti PUWtll ANU UNUUINU MAIN 1 tNAN RESULT APPROVED [UNANIMOUS] MOVER Sylvia Robles, Mayor Pro Tern SECONDER Jackie Mitchell, Council Member AYES. McNaboe, Robles, Mitchell, Wilson, Hussey 11 Adopting Resolution 2015-32, Rescinding Resolution 1987-26 in Its Entirety and Making a Finding that All Funds Were Distributed for the Benefit of the Participants City Manager Duffey provided a brief summary of this item ADOPT RESOLUTION NO 2015-32, RESCINDING RESOLUTION 1987-26 IN ITS ENTIRETY AND MAKING A FINDING THAT ALL FUNDS WERE COMPLETELY DISTRIBUTED FOR THE BENEFIT OF THE PARTICIPANTS RESULT APPROVED [UNANIMOUS] MOVER Darcy McNaboe, Mayor SECONDER Jackie Mitchell, Council Member AYES McNaboe, Robles, Mitchell, Wilson, Hussey 12 Award of Contract to Apple Valley Communications for Installation of Data Cabling in City Hall Finance Director Fortune provided a brief summary of the PowerPoint presentation for this item AWARD THE PURCHASE AND INSTALLATION OF DATA CABLING IN GRAND TERRACE CITY HALL TO APPLE VALLEY COMMUNICATIONS, AND 2 AUTHORIZE THE CITY MANAGER TO EXECUTE THE PURCHASE ORDER AND SHOULD THE NEED ARISE, TO INCREASE THE PURCHASE ORDER, NOT TO EXCEED THE CONTINGENCY AMOUNT SHOULD CHANGE ORDERS BE NECESSARY DURING THE INSTALLATION OF THE PROJECT City of Grand Terrace Page 7 `Packet Pg 11 U Minutes Grand Terrace City Council August 11, 2015 Council Member Hussey asked if after the amount for fee waivers had been reached in this program would that stop the Council from approving any additional fee waivers Mayor McNaboe asked City Manager Duffey if the previous approved fee waivers would affect the amounts on this program City Manager Duffey stated fee waivers approved tonight did not impact the Community Fund A request to use Community Benefit Funds needed to be submitted in order for program funds to be accessed The Council could continue to waive fees separately or direct groups to apply through the Community Benefits Fund The -Council could direct staff to waive the fees using this fund or the general fund Mayor Pro Tern Robles prefers the program be approved with no rotating committee and higher grant amounts Mayor McNaboe stated that she understood her request for higher amounts but what if someone wanted a smaller amount such as $250 she did not want to discourage them from submitting their application She also agreed with Mayor Pro Tern Robles on not having a rotating sub -committee Council Member Mitchell asked if Mayor Pro Tern Robles was comfortable with the $500 to $2,000 limits Mayor McNaboe stated that she would like to only set the maximum limit of $2,000 and no minimum amount limit Mayor Pro Tern Robles agreed Council Member Mitchell also agreed and amended her motion Mayor Pro Tern Robles stated she wanted to reevaluate the program after six months APPROVE RESOLUTION 2015-33 APPROVING THE COMMUNITY BENEFITS FUND PROGRAM GUIDELINES AND APPLICATION, WITH NO MINIMUM AND UP TO $2,000 2 STAFF TO APPROVE THE SUBMITTAL OF GRANT APPLICATIONS BY THE FIRST OF EACH MONTH AND SUBMIT AWARD THE GRANTS BY CITY COUNCIL ON THE SECOND MEETING OF THE MONTH, NO COUNCIL MEMBER SUB -COMMITTEE, 3 AUTHORIZE THE CITY MANAGER TO IMPLEMENT THE CBH PROGRAM TO HAVE STAFF BRING BACK THE PROGRAM FOR REEVALUATION NO LATER THAN SIX MONTHS RESULT APPROVED [UNANIMOUS] MOVER Jackie Mitchell, Council Member SECONDER Doug Wilson, Council Member AYES McNaboe, Robles, Mitchell, Wilson, Hussey City of Grand Terrace Page 9 Packet Pg 13 U 2 MEETING DATE TITLE PRESENTED BY AGENDA REPORT August 25, 2015 Council & Successor Agency Item Letter of Support for Assembly Bill 113 Use of Bond Proceeds G Duffey, City Manager RECOMMENDATION Direct Mayor to sign the letter of support and have staff forward the letter of support to Governor Jerry Brown 2030 VISION STATEMENT This staff report supports the City's Mission, Vision and the following goals • Goal #1 - Ensure Our Fiscal Viability, through identifying additional revenue sources, • Goal #3 - Promote Economic Development, by developing proactive economic development plan to attract new businesses and by investing in infrastructure needed to support business attraction and retentions • Goal #4 - Develop and Implement Successful Partnerships, by working collaboratively with State Agencies BACKGROUND California Assembly Bill 113 is a trailer bill which provides provisions regarding the requirements of successor redevelopment agencies to include the use of administrative cost allowances, and enforceable obligations, authorization for loans or grants to cover those allowances and obligations, low and moderate income housing funds and assets, a Last and Final Recognized Obligation Payment Schedule, refunding or refinancing indebtedness obligations, transfer of assets and funds to the new agency, and procedures for the dissolving of the original agency DISCUSSION The City of Grand Terrace strongly support the provisions in the Local Government Trailer Bill AB 113, which allows cities access to bond proceeds issued after January 1, 2011 - June 30, 2011 With over 3/4 of a billion dollars in bond proceeds were issued to stimulate economic development and job creations, but cities like Grand Terrace are denied access to these funds due to the timing of their issuance It is critical that cities are allowed to access bond proceeds to accelerate local economic growth and increase land values of former RDA properties FISCAL IMPACT } Packet Pg 15 AMENDED IN SENATE JULY 9, 2015 AMENDED IN SENATE JUNE 18, 2015 CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION ASSEMBLY BILL No. 113 Introduced by Committee on Budget (Weber (Chair), Bloom, Bonta, Campos, Chm, Cooper, Gordon, Jones -Sawyer, McCarty, Mullin, Nazarian, O'Donnell, Rodriguez, Thurmond, Ting, and Williams) January 9, 2015 An act to amend Sections 34171, 34173, 34176, 34176 1, 34177, 34177 3, 34177 5, 34178, 34179, 34179 7, 34180, 34181, 34183, 34186, 34187, 34189, 341913, 341914, and 34191 5 of, and to add Sections 34170 1, 34177 7, 34179 9, and 341916 to, the Health and Safety Code, and to amend Sections 96 11 and 98 of, and to add Section 96 24 to, the Revenue and Taxation Code, relating to local government, and making an appropriation therefor, to take effect immediately, bill related to the budget LEGISLATIVE COUNSEL'S DIGEST AB 113, as amended, Committee on Budget Local government (1) Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation This bill would provide that any action by the Department of Finance, that occurred on or after June 28, 2011, carrying out the department's obligations under the provisions described above eon e constitutes 97 Packet Pg 17 — 3 — AB 113 this provision, existing law authorizes certain written agreements to be deemed enforceable obligations This bill would additionally authorize written agreements entered into at the time of issuance, but in no event later than June 27, 2011, solely for the refundmg or refinancing of other indebtedness obligations that existed prior to January 1, 2011, and solely for the purpose of securing or repaying the refunded or refinanced indebtedness obligations, to be deemed enforceable obligations This bill would provide that an agreement entered into by the redevelopment agency prior to June 28, 2011, is an enforceable obligation if the agreement relates to state highway infrastructure improvements, as specified (5) Existing law authorizes the city, county, or city and county that authorized the creation of a redevelopment agency to loan or grant funds to a successor agency for administrative costs, enforceable obligations, or project related expenses at the city's discretion This bill would limit the authorization to loan or grant funds to the payment of administrative costs or enforceable obligations excluding loans approved pursuant to specified provisions, and to the casein which the successor agency receives an insufficient distribution from the Redevelopment Property Tax Trust Fund, or other approved sources of funding are insufficient, to pay approved enforceable obligations, as specified This bill would require these loans to be repaid from the source of funds originally approved for payment of the underlying enforceable obligation, as specified This bill would require the interest on these loans to be calculated on a fixed annual simple basis, and would specify the manner in which these loans are required to be repaid (6) Existing law provides for the transfer of housing assets and functions previously performed by the dissolved redevelopment agency to one of several specified public entities Existing law authorizes the successor housing entity to designate the use of, and commit, proceeds from indebtedness that Were issued for affordable housing purposes prior to January 1, 2011, and were backed by the Low and Moderate Income Housing Fund This bill would instead authorize a successor housing entity to designate the use of, and commit, proceeds from indebtedness that were issued for affordable housing purposes prior to June 28, 2011 (7) Existing law authorizes the city, county, or city and county that created a redevelopment agency to elect to retain the housing assets and functions previously performed by the redevelopment agency Existing law requires that any funds transferred to the housing successor, 97 r- M m 21 M E m U) U) a r c d E a Packet Pg 19 k3a — 5 — AB 113 (9) Existing law prohibits successor agencies from creating new enforceable obligations, except in compliance with an enforceable obligation that existed prior to June 28, 2011 Notwithstanding thus provision, existing law authorizes successor agencies to create enforceable obligations to conduct the work of winding down the redevelopment agency, including hiring staff, acquiring necessary professional administrative services and legal counsel, and procuring insurance Existing law finds and declares that these provisions, when enacted, were declaratory of existing law This bill, except as required by an enforceable obligation, would exclude certain work from the authorization to create enforceable obligations, and would prohibit a successor agency that is the city, county, or city and county that formed the redevelopment agency from creating enforceable obligations to repay loans entered into between the redevelopment agency and the city, county, or city and county, except as otherwise provided Tlus bill would delete those findings and declarations, and would apply the provisions described above retroactively to any successor agency or redevelopment agency actions occurring after June 27, 2012 (10) Existing law authorizes a successor agency to petition the Department of Finance, if an enforceable obligation provides for an irrevocable commitment of property tax revenue and the allocation of those revenues is expected to occur over time, to provide written confirmation that its determination of this enforceable obligation as approved in a Recognized Obligation Payment Schedule is final and conclusive This bill would require the successor agency to petition the department by electronic means and in a manner of the department's choosing, and would require the successor agency to provide a copy of the petition to the county auditor -controller, as provided This bill would require the department to provide written confirmation of approval or denial of the request within 100 days of the date of the request (11) Existing law provides that agreements, contracts, or arrangements between the city or county, or city and county that created the redevelopment agency and the redevelopment agency are invalid and shall not be binding on the successor agency, except that a successor entity wishing to enter or reenter into agreements with the city, county, or city and county that formed the redevelopment agency may do so upon obtaining approval of its oversight board Existing law prohibits a successor agency or an oversight board from exercising these powers 97 Packet Pg7 21 — 7 — AB 113 commencmg July 1, 2017, in each county where more than 40 oversight boards were created, would require 5 oversight boards, as specified (14) Existing law requires an oversight board for a successor agency to cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid This bill would instead generally require an oversight board to cease to exist when the successor agency has been formally dissolved, as specified, and would require a county oversight board to cease to exist when all successor agencies subject to its oversight have been formally dissolved, as specified (15) Existing law, upon full payment by a successor agency of specified amounts due, requires the Department of Finance to issue a finding of completion, as specified, within 5 days This bill, if a successor agency fails by December 31, 2015, to pay, or to enter into a written mstallment plan with the Department of Finance for payment of specified amounts, would prohibit the successor agency from ever receiving a finding of completion This bill, if a successor agency, city, county, or city and county pays, or enters into a written installment plan with the Department of Finance for the payment of specified amounts and the successor agency, city, county, or city and county subsequently receives a final judicial determination that reduces or eliminates the amounts determined, would require an enforceable obligation to be created for the reimbursement of the excess amounts paid and the obligation to make any payments in excess of the amount determined by a final determination to be canceled This bill, if upon consultation with the county auditor -controller, the Department of Finance finds that a successor agency, city, county, or city and county has failed to fully make one or more payments agreed to in the written installment plan, would prohibit specified provisions from applying to the successor agency and would prohibit specified oversight board actions and any approved long-range property management plan from being effective (16) Existing law transfers all assets, properties, contracts, leases, books and records, buildings, and equipment of former redevelopment agencies, as of February 1, 2012, to the control of the successor agency for administration, as specified This bill would require the city, county, or city and county that created the former redevelopment agency to return to the successor agency certain assets, cash and cash equivalents that were not required by an enforceable obligation, as specified, and other money or assets that 97 LO M m M E d U) N Q r m E M 0 �a Q Packet Pg 23 — 9 — AB 113 This bill would require certain revenues attributable to a property tax rate approved by the voters of a city, county, city and county, or special district to make payments in support of pension programs or in support of capital projects and programs related to the State Water Project and levied in addition to the general property tax rate, be allocated to, and when collected be paid into, the fund of that taxmg entity, unless those amounts are pledged as security for the payment of any indebtedness obligation (20) Existing law requires certain estimates and accounts reported in recognized obligation payment schedules and transferred to the Redevelopment Obligation Retirement Fund to be subject to audit by the county auditor -controller and the Controller This bill would instead require the estimates and accounts described above to be reviewed by the county auditor -controller subject to the Department of Finance's review and approval This bill would require a successor agency, commencing October 1, 2018, and each October 1 thereafter, to submit the differences between actual payments and past estimated obligations on a Recognized Obligation Payment Schedule to the county auditor -controller for review, and would require the county -auditor controller to provide this information to the Department of Finance, as specified (21) Existing law requires a successor agency, when all of the debt of a redevelopment agency has been retired or paid off, to dispose of all remaining assets and terminate its existence within one year of the final debt payment Tlus bill would instead require, when all of the enforceable obligations have been retired or paid off, all real property has been disposed of, and all outstanding litigation has been resolved, the successor agency to submit to the oversight board a request, with a copy of the request to the county auditor -controller, to formally dissolve the successor agency This bill would also require, if a redevelopment agency was not previously allocated property tax revenue, as specified, the successor agency to submit to the oversight board a request to formally dissolve the successor agency This bill would require the oversight board to approve these requests within 30 days and to submit the request to the Department of Finance for approval or denial, as specified This bill would require the successor agency to take specified steps, including notifying the oversight board, when the department approves a request to formally dissolve a successor agency This bill would require the oversight board, upon receipt of notification from the successor agency, 97 LO r- CM m A M E 0 0 N Q r c m E cc Packet Pg 55 —11— AB 113 provide that specified changes to existing law shall not result in the denial of specified loans previously approved by the Department of Finance and shall not impact judgments, writs of mandate, and orders entered by the Sacramento Superior Court in specified lawsuits (23) Existing law requires a successor agency to prepare a long-range property management plan that addresses the disposition and use of the real properties of the former redevelopment agency This bill would require, if the former redevelopment agency did not have real properties, the successor agency to prepare a long-range property management plan, as provided (24) Existing law authorizes successor agencies to, among other things, issue bonds or incur indebtedness to refund the bonds or indebtedness of a former redevelopment agency or to finance debt service spikes, as specified The issuance of bonds or incurrence of other indebtedness by a successor agency is subject to the approval of the oversight board of the successor agency This bill would authorize the successor agency to the Redevelopment Agency of the City and County of San Francisco to have the authority, rights, and powers of the Redevelopment Agency to which it succeeded solely for the purpose of issuing bonds or mcurrmg other indebtedness to finance the construction of affordable housing and infrastructure required by specified agreements, subject to the approval of the oversight board The bill would provide that bonds or other indebtedness authorized by its provisions would be considered indebtedness incurred by the dissolved redevelopment agency, would be listed on the Recognized Obligation Payment Schedule, and would be secured by a pledge of moneys deposited into the Redevelopment Property Tax Trust Fund The bill would also require the successor agency to make diligent efforts to obtain the lowest long-term cost financing and to make use of an independent financial advisor in developing financing proposals This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco (25) Existing law requires the county auditor for a county for which a negative sum was calculated pursuant to a specified former statute, in reducing the amount of property tax revenue otherwise allocated to the county by an amount attributable to that negative sum, to apply a reduction amount equal to or based on the reduction amount determined for specified fiscal years This bill, for the 2015-16 fiscal year and each fiscal year thereafter, would prohibit the county auditor from applying the reduction amount 97 M r m Q `o 0 a 0. m 0 as Q Packet Pg 27 3 a� —13 — AB 113 allocations to those cities in accordance with a specified Tax Equity Allocation (TEA) formula established in a specified statute and to make corresponding reductions in the amount of property tax revenue that is allocated to the county Existing law requires the auditor of Santa Clara County, for the 2006-07 fiscal year and for each fiscal year thereafter, to reduce the amount of property tax revenue allocated to qualified cities in that county by the ERAF reimbursement amount, as defined, and to commensurately increase the amount of property tax revenue allocated to the county ERAF, as specified This bill would, instead, for the 2015-16 fiscal year and for each fiscal year thereafter, require the auditor of Santa Clara County to reduce the amount of property tax revenues that are required to be allocated from the qualified cities in that county to the county ERAF by a specified percentage of the ERAF reimbursement amount This bill would prohibit the auditor of Santa Clara County from reducing the amounts allocated to the county ERAF in any fiscal year in which the amount of moneys required to be applied by the state for the support of school districts and community college districts is determined pursuant to Test 1 of Proposition 98 This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Santa Clara (28) This bill would appropriate $23,750,000 from the General Fund to the Department of Forestry and Fire Protection contingent upon the County of Riverside agreeing to forgive amounts owed to it by certain cities (29) By imposing new duties upon local government officials with respect to the wind down of the dissolved redevelopment agencies, and in the annual allocation of ad valorem property tax revenues, this bill would impose a state -mandated local program The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state Statutory provisions establish procedures for making that reimbursement This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions (30) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill Vote majority Appropriation yes Fiscal committee yes State -mandated local program yes 97 Packet Pg 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —15 — AB 113 (b) of Section 341914 during the preceding fiscal year However, the administrative cost allowance shall not be less than two hundred fifty thousand dollars ($250,000) in any fiscal year, unless this amount is reduced by the oversight board or by agreement between the successor agency and the department (4) Notwithstanding paragraph (3), commencing July 1, 2016, a successor agency's annual administrative costs shall not exceed 50 percent of the total Redevelopment Property Tax Trust Fund distributed to pay enforceable obligations in the preceding fiscal year, which latter amount shall be reduced by the successor agency's administrative cost allowance and loan repayments made to the city, county, or city and county that created the redevelopment agency that it succeeded pursuant to subdivision (b) of Section 341914 during the preceding fiscal year This linutation applies to administrative costs whether paid within the administrative cost allowance or not, but does not apply to administrative costs paid from bond proceeds or grant funds, or, in the case of a successor agency that is a designated local authority, from sources other than property tax (5) The administrative cost allowance shall be approved by the oversight board and shall be the sole Rmdmg source for any legal expenses related to civil actions, including writ proceedings, contesting the validity of this part or Part 18 or Part 185 (commencmg with Section34479) 34161) or challenging acts taken pursuant to these parts Employee costs associated with work on specific project implementation activities, including, but not limited to, construction inspection, project management, or actual construction, shall be considered project -specific costs and shall not constitute administrative costs (c) "Designated local authority" shall mean a public entity formed pursuant to subdivision (d) of Section 34173 (d) (1) `Enforceable obligation" means any of the following (A) Bonds, as defined by Section 33602 and bonds issued pursuant to Chapter 10 5 (commencing with Section 5850) of Division 6 of Title 1 of the Government Code, including the required debt service, reserve set -asides, and any other payments required under the indenture or similar documents governing the issuance of the outstanding bonds of the former redevelopment agency A reserve may be held when required by the bond indenture or when the next property tax allocation will be 97 Packet Pg 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 17 — AB 113 required compensation or remediation for such termination Titles of or headings used on or in a document shall not be relevant in determining the existence of an enforceable obligation (F) (i) Contracts or agreements necessary for the administration or operation of the successor agency, in accordance with this part, including, but not limited to, agreements concerning litigation expenses related to assets or obligations, settlements and judgments, and the costs of mamtammg assets prior to disposition, and agreements to purchase or rent office space, equipment and supplies, and pay -related expenses pursuant to Section 33127 and for carrying insurance pursuant to Section 33134 Beginning January 1, 2016, any legal expenses related to civil actions, including writ proceedings, contesting the validity of thus part or Part 18 (commencing with Section 34161) or challenging acts taken pursuant to these parts shall only be payable out of the administrative cost allowance (u) A sponsoring entity may provide funds to a successor agency for payment of legal expenses related to civil actions initiated by the successor agency, including writ proceedings, contesting the validity of this part or Part 1 8 (commencing with Section 34161) or challenging acts taken pursuant to these parts If the successor agency obtains a final judicial determination granting the relief requested in the action, the funds provided by the sponsoring entity for legal expenses related to successful causes of action pled by the successor agency shall be deemed an enforceable obligation for repayment under the terms set forth in subdivision (h) of Section 34173 If the successor agency does not receive a final judicial determination granting the relief requested, the funds provided by the sponsoring entity shall be considered a grant by the sponsoring entity and shall not qualify for repayment as an enforceable obligation (G) Amounts borrowed from, or payments owing to, the Low and Moderate Income Housing Fund of a redevelopment agency, which had been deferred as of the effective date of the act adding this part, provided, however, that the repayment schedule is approved by the oversight board Repayments shall be transferred to the Low and Moderate Income Housing Asset Fund established pursuant to subdivision (d) of Section 34176 as a housing asset and shall be used in a manner consistent with the affordable 97 Packet Pg 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —19 — AB 113 third -party investors or bondholders to finance or refinance redevelopment projects undertaken by the redevelopment agency in compliance with the Community Redevelopment Law (Part 1 (commencing with Section 33000)) (f) "Oversight board" shall mean each entity established pursuant to Section 34179 (g) "Recognized obligation" means an obligation listed in the Recognized Obligation Payment Schedule (h) "Recognized Obligation Payment Schedule" means the document setting forth the nummum payment amounts and due dates of payments required by enforceable obligations for each six-month fiscal period until June 30, 2016, as provided in subdivision (m) of Section 34177 On and after July 1, 2016, "Recognized Obligation Payment Schedule" means the document setting forth the mimmum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177 (1) "School entity" means any entity defined as such in subdivision (f) of Section 95 of the Revenue and Taxation Code 0) "Successor agency" means the successor entity to the former redevelopment agency as described in Section 34173 (k) "Taxing entities" means cities, counties, a city and county, special districts, and school entities, as defined in subdivision (f) of Section 95 of the Revenue and Taxation Code, that receive passthrough payments and distributions of property taxes pursuant to the provisions of this part (0 "Property taxes" include all property tax revenues, including those from unitary and supplemental and roll corrections applicable to tax increment (m) "Department' means the Department of Finance unless the context clearly refers to another state agency (n) "Sponsoring entity" means the city, county, or city and county, or other entity that authorized the creation of each redevelopment agency (o) "Final judicial determination" means a final judicial determination made by any state court that is not appealed, or by a court of appellate jurisdiction that is not further appealed, in an action by any party (p) From July 1, 2014, to July 1, 2018, inclusive, "housing entity administrative cost allowance" means an amount of up to 1 percent 97 M r m a t; 0 a a 0 U) 0 m d 11 Packet Pg 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 21— AB 113 and each shall have a share of assets and liabilities based on the provisions of the joint powers agreement (2) If the redevelopment agency was in the form of a joint powers authority, and if the joint powers agreement governing the formation of the joint powers authority does not address the allocation of assets and liabilities upon dissolution of the joint powers authority, then each of the entities that created the former redevelopment agency may be a successor agency within the meaning of this part, a proportionate share of the assets and liabilities shall be based on the assessed value in the project areas within each entity's jurisdiction, as determined by the county assessor, in its jurisdiction as compared to the assessed value of land within the boundaries of the project areas of the former redevelopment agency (d) (1) A city, county, city and county, or the entities forming the joint powers authority that authorized the creation of each redevelopment agency may elect not to serve as a successor agency under tlus part A city, county, city and county, or any member of a joint powers authority that elects not to serve as a successor agency under this part must file a copy of a duly authorized resolution of its governing board to that effect with the county auditor -controller no later than January 13, 2012 (2) The determination of the first local agency that elects to become the successor agency shall be made by the county auditor -controller based on the earliest receipt by the county auditor -controller of a copy of a duly adopted resolution of the local agency's governing board authorizing such an election As used in this section, "local agency" means any city, county, city and county, or special district in the county of the former redevelopment agency (3) (A) If no local agency elects to serve as a successor agency for a dissolved redevelopment agency, a public body, referred to herem as a "designated local authority" shall be immediately formed, pursuant to this part, in the county and shall be vested with all the powers and duties of a successor agency as described in this part The Governor shall appoint three residents of the county to serve as the governing board of the authority The designated local authority shall serve as successor agency until a local agency elects to become the successor agency in accordance with this section 97 11 LO n r M m a M E a) 0 a) Q r c d E a Packet Pg 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 23 — AB 113 agency shall be deemed to be a local entity for purposes of the Ralph M Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) (h) (1) The city, county, or city and county that authorized the creation of a redevelopment agency may loan or grant funds to a successor agency for the payment of administrative costs or enforceable obligations excluding loans approved under this subdivision or pursuant to Section 341914, or project -related expenses that qualify as an enforceable obligation, and only to the extent that the successor agency receives an insufficient distribution from the Redevelopment Property Tax Trust Fund, or other approved sources of funding are insufficient, to pay approved enforceable obligations in the recognized obligation payment schedule period The receipt and use of these funds shall be reflected on the Recognized Obligation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the oversight board An enforceable obligation shall be deemed to be created for the repayment of those loans A loan made under this subdivision shall be repaid from the source of funds originally approved for payment of the underlying enforceable obligation in the Recognized Obligation Payment Schedule once sufficient funds become available from that source The interest payable on any loan created pursuant to this subdivision shall be calculated on a fixed annual simple basis and applied to the outstanding principal amount until fully paid, at a rate not to exceed the most recently published interest rate earned by funds deposited into the Local Agency Investment Fund during the previous fiscal quarter Repayment of loans created under this subdivision shall be applied first to principal, and second to interest, and shall be subordinate to other approved enforceable obligations Loans created under this subdivision shall be repaid to the extent property tax revenue allocated to the successor agency is available after fulfilling other enforceable obligations approved in the Recognized Obligation Payment Schedule (2) This subdivision shall not apply where the successor agency's distribution from the Redevelopment Property Tax Trust Fund has been reduced pursuant to Section 34179 6 or 34186 (1) At the request of the city, county, or city and county, notwithstanding Section 33205, all land use related plans and functions of the former redevelopment agency are hereby 97 LO I- C`) P m 21 a E a� M a c m E �o a Packet Pg 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 25 — AB 113 (3) For purposes of this section and Section 34176 1, "housing successor" means the entity assuming the housing function of a former redevelopment agency pursuant to this section (b) If a city, county, or city and county does not elect to retain the responsibility for performing housing functions previously performed by a redevelopment agency, all rights, powers, assets, duties, and obligations associated with the housing activities of the agency, excluding enforceable obligations retained by the successor agency and any amounts in the Low and Moderate Income Housing Fund, shall be transferred as follows (1) If there is no local housing authority in the territorial jurisdiction of the former redevelopment agency, to the Department of Housing and Community Development (2) If there is one local housing authority in the territorial jurisdiction of the former redevelopment agency, to that local housing authority (3) If there is more than one local housing authority in the territorial jurisdiction of the former redevelopment agency, to the local housing authority selected by the city, county, or city and county that authorized the creation of the redevelopment agency (c) Commencing on the operative date of this part, the housing successor may enforce affordability covenants and perform related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)), including, but not limited to, Section 33418 (d) Except as specifically provided in Section 341914, any funds transferred to the housing successor, together with any funds generated from housing assets, as defined in subdivision (e), shall be maintained in a separate Low and Moderate Income Housing Asset Fund which is hereby created in the accounts of the housing successor (e) For purposes of this part, "housing asset" includes all of the following (1) Any real property, interest in, or restriction on the use of real property, whether improved or not, and any personal property provided in residences, including furniture and appliances, all housing -related files and loan documents, office supplies, software licenses, and mapping programs, that were acquired for low- and moderate -income housing purposes, either by purchase or through a loan, in whole or in part, with any source of funds 97 Packet Pg 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 — 27 — AB 113 (f) If a development includes both low- and moderate-mcome housing that meets the definition of a housing asset under subdivision (e) and other types of property use, including, but not limited to, commercial use, governmental use, open space, and parks, the oversight board shall consider the overall value to the community as well as the benefit to taxing entities of keeping the entire development intact or dividing the title and control over the property between the housing successor and the successor agency or other public or private agencies The disposition of those assets may be accomplished by a revenue -sharing arrangement as approved by the oversight board on behalf of the affected taxing entities (g) (1) (A) The housing successor may designate the use of and commit indebtedness obligation proceeds that remain after the satisfaction of enforceable obligations that have been approved in a Recognized Obligation Payment Schedule and that are consistent with the indebtedness obligation covenants The proceeds shall be derived from indebtedness obligations that were issued for the purposes of affordable housing prior to June 28, 2011, and were backed by the Low and Moderate Income Housing Fund Enforceable obligations may be satisfied by the creation of reserves for the projects that are the subject of the enforceable obligation that are consistent with the contractual obligations for those projects, or by expending funds to complete the projects It is the intent of the Legislature to authorize housing successors to designate the use of and commit 100 percent of indebtedness obligation proceeds described in this subparagraph (B) The housing successor shall provide notice to the successor agency of any designations of use or commitments of funds specified in subparagraph (A) that it wishes to make at least 20 days before the deadline for submission of the Recognized Obligation Payment Schedule to the oversight board Commitments and designations shall not be valid and binding on any party until they are included in an approved and valid Recognized Obligation Payment Schedule The review of these designations and commitments by the successor agency, oversight board, and Department of Finance shall be limited to a determination that the designations and commitments are consistent with bond covenants and that there are sufficient funds available 97 Packet Pg 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —29— AB 113 hundred thousand dollars ($200,000) for any given fiscal year, the housing successor may expend up to two hundred thousand dollars ($200,000) in that fiscal year for these purposes The Department of Housing and Community Development shall annually publish on its Internet Web site an adjustment to this amount to reflect any change in the Consumer Price Index for All Urban Consumers published by the federal Department of Labor for the preceding calendar year For purposes of this paragraph, "statutory value of real property" means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer form approved by the department pursuant to paragraph (2) of subdivision (a) of Section 34176, the value of the properties transferred to the housing successor pursuant to subdivision (f) of Section 34181, and the purchase price of properties purchased by the housing successor (2) Notwithstanding Section 33334 2, if the housing successor has fulfilled all obligations pursuant to Sections 33413 and 33418, the housing successor may expend up to two hundred fifty thousand dollars ($250,000) per fiscal year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance, including the provision of short-term or medium -term rental assistance, housing relocation and stabilization services including housing search, mediation, or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance, and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless (3) (A) The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed pursuant to paragraphs (1) and (2) for the development of housing affordable to and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income A 97 I- LO I- T" M m 3 E am 0 a) Q d E 0 R a Packet Pg 45 '3 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 — 31— AB 113 individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period, then the housing successor shall not expend these funds to assist additional senior housing units until the housing successor or its host jurisdiction assists, and construction has commenced, a number of units available to all persons, regardless of age, that is equal to 50 percent of the aggregate number of units of deed -restricted rental housing units assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the time period described above (c) (1) Program income a housing successor receives shall not be associated with a project area and, notwithstanding subdivision (g) of Section 33334 2, may be expended anywhere within the jurisdiction of the housing successor or transferred pursuant to paragraph (2) without a finding of benefit to a project area For purposes of tlus paragraph, "program income" means the sources described in paragraphs (3), (4), and (5) of subdivision (e) of Section 34176 and interest earned on deposits in the account (2) Two or more housing successors within a county, within a single metropolitan statistical area, within 15 miles of each other, or that are in contiguous jurisdictions may enter into an agreement to transfer funds among their respective Low and Moderate Income Housing Asset Funds for the sole purpose of developing transit priority projects as defined in subdivisions (a) and (b) of Section 21155 of the Public Resources Code, permanent supportive housing as defined in paragraph (2) of subdivision (b) of Section 50675 14, housing for agricultural employees as defined in subdivision (g) of Section 50517 5, or special needs housing as defined in federal or state law or regulation if all of the following conditions are met (A) Each participating housing successor has made a finding based on substantial evidence, after a public hearing, that the agreement to transfer funds will not cause or exacerbate racial, ethnic, or economic segregation (B) The development to be funded shall not be located in a census tract where more than 50 percent of its population is very low income, unless the development is within one-half mile of a major transit stop or high -quality transit corridor as defined in paragraph (3) of subdivision (b) of Section 21155 of the Public Resources Code 97 Packet Pg 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 33 — AB 113 (e) Section 33334 16 shall not apply to interests in real property acquired on or after February 1, 2012 With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334 16 shall be deemed to have commenced on the date that the department approved the property as a housing asset (f) Section 33080 1 of this code and Section 12463 3 of the Government Code shall not apply Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction If the housing successor is a city or county, it shall also include in its report pursuant to Section 65400 of the Government Code and post on its Internet Web site all of the following information for the previous fiscal year If the housing successor is not a city or county, it shall also provide to its governing body and post on its Internet Web site all of the following information for the previous fiscal year (1) The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 341914 (2) The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguislung between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 341914, amounts deposited for other items listed on the Recognized Obligation Payment Schedule, and other amounts deposited (3) A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts (4) A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of 97 I- LO ti M m E d 0 w a r a� E 0 cc Packet Pg 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —35— AB 113 subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334 3 This inventory shall include all of the following information (A) The number of those units (B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses (C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund (D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity SEC 6 Section 34177 of the Health and Safety Code is amended to read 34177 Successor agencies are required to do all of the following (a) Continue to make payments due for enforceable obligations (1) On and after February 1, 2012, and until a Recognized Obligation Payment Schedule becomes operative, only payments required pursuant to an enforceable obligations payment schedule shall be made The initial enforceable obligation payment schedule shall be the last schedule adopted by the redevelopment agency under Section 34169 However, payments associated with obligations excluded from the definition of enforceable obligations by paragraph (2) of subdivision (d) of Section 34171 shall be excluded from the enforceable obligations payment schedule and be removed from the last schedule adopted by the redevelopment agency under Section 34169 prior to the successor agency adopting it as its enforceable obligations payment schedule pursuant to this subdivision The enforceable obligation payment schedule may be amended by the successor agency at any public meeting and shall be subject to the approval of the oversight board as soon as the board has sufficient members to form a quorum In recognition of the fact that the timing of the California Supreme Court's ruling 97 M r m a .° t 0 a Q. 0 0 d d J Packet Pg 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —37— AB 113 (b) Maintain reserves in the amount required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds (c) Perform obligations required pursuant to any enforceable obligation (d) Remit unencumbered balances of redevelopment agency funds to the county auditor -controller for distribution to the taxing entities, including, but not limited to, the unencumbered balance of the Low and Moderate Income Housing Fund of a former redevelopment agency In making the distribution, the county auditor -controller shall utilize the same methodology for allocation and distribution of property tax revenues provided in Section 34188 (e) Dispose of assets and properties of the former redevelopment agency as directed by the oversight board, provided, however, that the oversight board may instead direct the successor agency to transfer ownership of certain assets pursuant to subdivision (a) of Section 34181 The disposal is to be done expeditiously and in a manner aimed at maximizing value Proceeds from asset sales and related funds that are no longer needed for approved development projects or to otherwise wind down the affairs of the agency, each as determined by the oversight board, shall be transferred to the county auditor -controller for distribution as property tax proceeds under Section 34188 The requirements of this subdivision shall not apply to a successor agency that has been issued a finding of completion by the department pursuant to Section 34179 7 (f) Enforce all former redevelopment agency rights for the benefit of the taxing entities, including, but not limited to, continuing to collect loans, rents, and other revenues that were due to the redevelopment agency (g) Effectuate transfer of housing functions and assets to the appropriate entity designated pursuant to Section 34176 (h) Expeditiously wind down the affairs of the redevelopment agency pursuant to the provisions of this part and in accordance with the direction of the oversight board (1) Continue to oversee development of properties until the contracted work has been completed or the contractual obligations of the former redevelopment agency can be transferred to other parties Bond proceeds shall be used for the purposes for which 97 r, LO m Z E a) 0 CA Q c m E cc Packet Pg7 53 }3a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —39— AB 113 redevelopment agency would have been authorized to obligate property tax increment had the a redevelopment agency not been dissolved (B) The Recognized Obligation Payment Schedule is submitted to and duly approved by the oversight board The successor agency shall submit a copy of the Recognized Obligation Payment Schedule to the county administrative officer, the county auditor -controller, and the department at the same tune that the successor agency submits the Recognized Obligation Payment Schedule to the oversight board for approval (C) A copy of the approved Recognized Obligation Payment Schedule is submitted to the county auditor -controller, the Controller's office, and the Department of Finance, and is posted on the successor agency's Internet Web site (3) The Recognized Obligation Payment Schedule shall be forward looking to the next six months or one year pursuant to subdivision (m) or (o), as applicable The first Recognized Obligation Payment Schedule shall be submitted to the Controller's office and the department by April 15, 2012, for the period of January 1, 2012, to June 30, 2012, inclusive This Recognized Obligation Payment Schedule shall include all payments made by the former redevelopment agency between January 1, 2012, through January 31, 2012, and shall include all payments proposed to be made by the successor agency from February 1, 2012, through June 30, 2012 Former redevelopment agency enforceable obligation payments due, and reasonable or necessary administrative costs due or incurred, prior to January 1, 2012, shall be made from property tax revenues received in the spring of 2011 property tax distribution, and from other revenues and balances transferred to the successor agency (m) (1) The Recognized Obligation Payment Schedule for the period of January 1, 2013, to June 30, 2013, shall be submitted by the successor agency, after approval by the oversight board, no later than September 1, 2012 Commencmg with the Recognized Obligation Payment Schedule covering the period July 1, 2013, through December 31, 2013, successor agencies shall submit an oversight board -approved Recognized Obligation Payment Schedule to the department and to the county auditor -controller no fewer than 90 days before the date of property tax distribution The department shall make its determination of the enforceable 97 L0 ti M m E CD UN lA a r c a) E 0 a Packet Pg 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 41— AB 113 (C) If a successor agency fads to submit to the department an oversight board -approved Recognized Obligation Payment Schedule that complies with all requirements of this subdivision within five business days of the date upon which the Recognized Obligation Payment Schedule is to be used to determine the amount of property tax allocations, the department may determine if any amount should be withheld by the county auditor -controller for payments for enforceable obligations from distribution to taxmg entities, pending approval of a Recognized Obligation Payment Schedule The county auditor -controller shall distribute the portion of any of the sums withheld pursuant to tlus paragraph to the affected taxing entities in accordance with paragraph (4) of subdivision (a) of Section 34183 upon notice by the department that a portion of the withheld balances are in excess of the amount of enforceable obligations The county auditor -controller shall distribute withheld funds to the successor agency only in accordance with a Recognized Obligation Payment Schedule approved by the department County auditor -controllers shall lack the authority to withhold any other amounts from the allocations provided for under Section 34183 or 34188 unless required by a court order (D) (1) The Recognized Obhgation Payment Schedule payments required pursuant to this subdivision may be scheduled beyond the existing Recognized Obligation Payment Schedule cycle upon a showing that a lender requires cash on hand beyond the Recognized Obligation Payment Schedule cycle (n) When a payment is shown to be due during the Recognized Obligation Payment Schedule period, but an invoice or other billing document has not yet been received, the successor agency may utilize reasonable estimates and projections to support payment amounts for enforceable obligations if the successor agency submits appropriate supporting documentation of the basis for the estimate or projection to the department and the auditor -controller (in) A Recognized Obligation Payment Schedule may also include appropriation of moneys from bonds subject to passage during the Recognized Obligation Payment Schedule cycle when an enforceable obligation requires the agency to issue the bonds and use the proceeds to pay for project expenditures (2) The requirements of this subdivision shall apply until December 31, 2015 97 Packet Pg 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 43 — AB 113 shall have priority over other civil matters Additionally, if an agency does not submit a Recognized Obligation Payment Schedule within 10 days of the deadline, the maximum administrative cost for that period shall be reduced by 25 percent (C) If a successor agency fails to submit to the department an oversight board -approved Recognized Obligation Payment Schedule that complies with all requirements of this subdivision within five business days of the date upon which the Recognized Obligation Payment Schedule is to be used to determine the amount of property tax allocations, the department may determine if any amount should be withheld by the county auditor -controller for payments for enforceable obligations from distribution to taxing entities, pending approval of a Recognized Obligation Payment Schedule The county auditor -controller shall distribute the portion of any of the sums withheld pursuant to this paragraph to the affected taxing entities in accordance with paragraph (4) of subdivision (a) of Section 34183 upon notice by the department that a portion of the withheld balances are in excess of the amount of enforceable obligations The county auditor -controller shall distribute withheld funds to the successor agency only in accordance with a Recognized Obligation Payment Schedule approved by the department County auditor -controllers do not have the authority to withhold any other amounts from the allocations provided for under Section 34183 or 34188 except as required by a court order (D) (1) The Recognized Obligation Payment Schedule payments required pursuant to this subdivision may be scheduled beyond the existing Recognized Obligation Payment Schedule cycle upon a showing that a lender requires cash on hand beyond the Recognized Obligation Payment Schedule cycle (u) When a payment is shown to be due during the Recognized Obligation Payment Schedule period, but an mvoice or other billing document has not yet been received, the successor agency may utilize reasonable estimates and projections to support payment amounts for enforceable obligations if the successor agency submits appropriate supporting documentation of the basis for the estimate or projection to the department and the county auditor -controller (ni) A Recognized Obligation Payment Schedule may also include a request to use proceeds from bonds expected to be issued during the Recognized Obligation Payment Schedule cycle when 97 Packet Pg 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —45— AB 113 agency that it is succeeding, except as provided in Chapter 9 (commencing with Section 34191 1) (c) Successor agencies shall lack the authority to, and shall not, transfer any powers or revenues of the successor agency to any other party, public or private, except pursuant to an enforceable obligation on a Recognized Obligation Payment Schedule approved by the department Any such transfers of authority or revenues that are not made pursuant to an enforceable obligation on a Recognized Obligation Payment Schedule approved by the department are hereby declared to be void, and the successor agency shall take action to reverse any of those transfers The Controller may audit any transfer of authority or revenues prohibited by this section and may order the prompt return of any money or other things of value from the receiving party (d) Redevelopment agencies that resolved to participate in the Voluntary Alternative Redevelopment Program under Chapter 6 of the First Extraordinary Session of the Statutes of 2011 were and are subject to the provisions of Part 18 (commencing with Section 34161) Any actions taken by redevelopment agencies to create obligations after June 27, 2011, are ultra vices and do not create enforceable obligations (e) The provisions of this section shall apply retroactively to any successor agency or redevelopment agency actions occurring on or after June 27, 2012 SEC 8 Section 34177 5 of the Health and Safety Code is amended to read 341775 (a) In addition to the powers granted to each successor agency, and notwithstanding anything in the act adding this part, including, but not limited to, Sections 34162 and 34189, a successor agency shall have the authority, rights, and powers of the redevelopment agency to which it succeeded solely for the following purposes (1) For the purpose of issumg bonds or incurring other indebtedness to refund the bonds or other indebtedness of its former redevelopment agency or of the successor agency to provide savings to the successor agency, provided that (A) the total interest cost to maturity on the refunding bonds or other indebtedness plus the principal amount of the refunding bonds or other indebtedness shall not exceed the total remaining interest cost to maturity on the bonds or other indebtedness to be refunded plus the remaining 97 I- LO ti T M m 21 M E d U) UN Q r c d E t a Packet Pg 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 47 — AB 113 or other indebtedness shall not exceed the amount required to defease the refunded bonds or other indebtedness, to establish customary debt service reserves and to pay related costs of issuance The pledge set forth in that amended enforceable obligation, when made in connection with the execution of the amendment of the enforceable obligation, shall have the same hen priority as the pledge in the enforceable obligation prior to its amendment and shall be valid, binding, and enforceable in accordance with its terms (4) For the purpose of issuing bonds or incurring other indebtedness to make payments under enforceable obligations when the enforceable obligations include the irrevocable pledge of property tax increment, formerly tax increment revenues prior to the effective date of this part, or other funds and the obligation to issue bonds secured by that pledge The successor agency may pledge to the bonds or other indebtedness the property tax revenues and other funds described in the enforceable obligation, and that pledge, when made in connection with the issuance of the bonds or the incurring of other indebtedness, shall be valid, binding, and enforceable in accordance with its terms This paragraph shall not be deemed to authorize a successor agency to increase the amount of property tax revenues pledged under an enforceable obligation or to pledge any property tax revenue not already pledged pursuant to an enforceable obligation This paragraph does not constitute a change in, but is declaratory of, the existing law (b) The refunding bonds authorized under this section may be issued under the authority ofArticle 11 (commencing with Section 53580) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, and the refunding bonds may be sold at public or private sale, or to a joint powers authority pursuant to the Marks -Roos Local Bond Pooling Act (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code) (c) (1) Prior to incurring any bonds or other indebtedness pursuant to this section, the successor agency may subordinate to the bonds or other indebtedness the amount required to be paid to an affected taxing entity pursuant to paragraph (1) of subdivision (a) of Section 34183, provided that the affected taxing entity has approved the subordinations pursuant to this subdivision 97 Packet Pg 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 — 49 — AS 113 (f) The actions authorized in this section shall be subject to the approval of the oversight board, as provided in Section 34180 Additionally, an oversight board may direct the successor agency to commence any of the transactions described in subdivision (a) so long as the successor agency is able to recover its related costs in connection with the transaction After a successor agency, with approval of the oversight board, issues any bonds, incurs any indebtedness, or executes an amended enforceable obligation pursuant to subdivision (a), the oversight board shall not unilaterally approve any amendments to or early termination of the bonds, indebtedness, or enforceable obligation If, under the authority granted to it by subdivision (h) of Section 34179, the department either reviews and approves or fails to request review within five business days of an oversight board approval of an action authorized by this section, the scheduled payments on the bonds or other indebtedness shall be listed in the Recognized Obligation Payment Schedule and shall not be subject to further review and approval by the department or the Controller The department may extend its review time to 60 days for actions authorized in this section and may seek the assistance of the Treasurer in evaluating proposed actions under this section (g) Any bonds, indebtedness, or amended enforceable obligation authorized by this section shall be considered indebtedness incurred by the dissolved redevelopment agency, with the same legal effect as if the bonds, indebtedness, financing agreement, or amended enforceable obligation had been issued, incurred, or entered into prior to June 28, 2011, in full conformity with the applicable provisions of the Community Redevelopment Law that existed prior to that date, shall be included in the successor agency's Recognized Obligation Payment Schedule, and shall be secured by a pledge of, and lien on, and shall be repaid from moneys deposited from tune to tune in the Redevelopment Property Tax Trust Fund established pursuant to subdivision (c) of Section 34172, as provided in paragraph (2) of subdivision (a) of Section 34183 Property tax revenues pledged to any bonds, indebtedness, or amended enforceable obligations authorized by this section are taxes allocated to the successor agency pursuant to subdivision (b) of Section 33670 and Section 16 of Article XVI of the California Constitution 97 M m a `o 0 a c. 0 d d J r- LO ti M m M E 0 U) 0 a r c d E s �a a Packet Pg 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 51— AB 113 this part, including, but not limited to, Sections 34162 and 34189, the successor agency to the Redevelopment Agency of the City and County of San Francisco shall have the authority, rights, and powers of the Redevelopment Agency to which it succeeded solely for the purpose of issuing bonds or incurring other indebtedness to finance (A) The affordable housing required by the Mission Bay North Owner Participation Agreement, the Mission Bay South Owner Participation Agreement, the Disposition and Development Agreement for Hunters Point Shipyard Phase 1, the Candlestick Pomt-Hunters Point Shipyard Phase 2 Disposition and Development Agreement, and the Transbay Implementation Agreement (B) The infrastructure required by the Transbay Implementation Agreement (2) The successor agency to the Redevelopment Agency of the City and County of San Francisco may pledge to the bonds or other indebtedness the property tax revenues available in the successor agency's Redevelopment Property Tax Trust Fund that are not otherwise obligated (b) Bonds issued pursuant to this section may be sold pursuant to either a negotiated or a competitive sale The bonds issued or other indebtedness obligations incurred pursuant to this section may be issued or incurred on a panty basis with outstanding bonds or other indebtedness obligations of the successor agency to the Redevelopment Agency of the City and County of San Francisco and may pledge the revenues pledged to those outstanding bonds or other indebtedness obligations to the issuance of bonds or other obligations pursuant to this section The pledge, when made in connection with the issuance of bonds or other indebtedness obligations under this section, shall have the same lien priority as the pledge of outstanding bonds or other indebtedness obligations, and shall be valid, binding, and enforceable in accordance with its terms (c) (1) Prior to issuing any bonds or mcurrmg other indebtedness pursuant to this section, the successor agency to the Redevelopment Agency of the City and County of San Francisco may subordinate to the bonds or other indebtedness the amount required to be paid to an affected taxing entity pursuant to paragraph (1) of subdivision (a) of Section 34183, provided that 97 Packet Pg 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 53 — AS 113 the issuance of bonds or the incurrence of indebtedness under this section (f) The actions authorized in this section shall be subject to the approval of the oversight board, as provided in Section 34180 Additionally, the oversight board may direct the successor agency to the Redevelopment Agency of the City and County of San Francisco to commence any of the transactions described in subdivision (a) so long as the agency is able to recover its related costs in connection with the transaction After the agency, with approval of the oversight board, issues any bonds or incurs any indebtedness pursuant to subdivision (a), the oversight board shall not unilaterally approve any amendments to or early termination of the bonds or indebtedness If, under the authority granted to it by subdivision (h) of Section 34179, the department either reviews and approves or fails to request review within five business days of an oversight board approval of an action authorized by this section, the scheduled payments on the bonds or other indebtedness shall be listed in the Recognized Obligation Payment Schedule and shall not be subject to further review and approval by the department or the Controller The department may extend its review time to 60 days for actions authorized in this section and may seek the assistance of the Treasurer in evaluating proposed actions under this section (g) Any bonds or other indebtedness authorized by this section shall be considered indebtedness incurred by the dissolved redevelopment agency, with the same legal effect as if the bonds or other indebtedness had been issued, incurred, or entered into prior to June 28, 2011, in full conformity with the applicable provisions of the Community Redevelopment Law that existed prior to that date, shall be included in the successor agency to the Redevelopment Agency of the City and County of San Francisco's Recognized Obligation Payment Schedule, and shall be secured by a pledge of, and hen on, and shall be repaid from moneys deposited from time to tune in the Redevelopment Property Tax Trust Fund established pursuant to subdivision (c) of Section 34172, as provided in paragraph (2) of subdivision (a) of Section 34183 Property tax revenues pledged to any bonds or other indebtedness obligations authorized by this section are taxes allocated to the successor agency pursuant to subdivision (b) of 97 M T m a 1° t= 0 M a 0 co 0 d J ti LO ti M m M E as N N a r d E a Packet P9 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —55— AS 113 the constraints unposed on successor agencies by the act adding this part (4) A duly authorized written agreement entered into at the tune of issuance, but in no event later than June 27, 2011, of indebtedness obligations solely for the refunding or refinancing of other indebtedness obligations that existed prior to January 1, 2011, and solely for the purpose of securing or repaying the refunded and refinanced indebtedness obligations (c) An oversight board shall not approve any agreements between the successor agency and the city, county, or city and county that formed the redevelopment agency that it is succeeding, except for agreements for the limited purposes set forth in subdivision (b) of Section 34177 3 A successor agency shall not enter or reenter into any agreements with the city, county, or city and county that formed the redevelopment agency that it is succeeding, except for agreements for the limited purposes set forth in subdivision (b) of Section 34177 3 A successor agency or an oversight board shall not exercise the powers granted by subdivision (a) to restore funding for any item that was denied or reduced by the department This subdivision shall apply retroactively to all agreements entered or reentered pursuant to this section on and after June 27, 2012 Any agreement entered or reentered pursuant to this section on and after June 27, 2012, that does not comply with this subdivision is ultra vires and void, and does not create an enforceable obligation The Legislature finds and declares that this subdivision is necessary to promote the expeditious wind down of redevelopment agency affairs SEC 11 Section 34179 of the Health and Safety Code is amended to read 34179 (a) Each successor agency shall have an oversight board composed of seven members The members shall elect one of their members as the chairperson and shall report the name of the chairperson and other members to the Department of Finance on or before May 1, 2012 Members shall be selected as follows (1) One member appointed by the county board of supervisors (2) One member appointed by the mayor for the city that formed the redevelopment agency (3) (A) One member appointed by the largest special district, by property tax share, with territory in the temtonal jurisdiction of the former redevelopment agency, which is of the type of special 97 Packet Pg 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 57 — AB 113 (9) If there are no special districts of the type that are eligible to receive property tax pursuant to Section 34188, within the territorial jurisdiction of the former redevelopment agency, then the county may appoint one member to represent the public (10) If a redevelopment agency was formed by an entity that is both a charter city and a county, the oversight board shall be composed of seven members selected as follows three members appointed by the mayor of the city, if that appointment is subject to confirmation by the county board of supervisors, one member appointed by the largest special district, by property tax share, with territory in the territorial jurisdiction of the former redevelopment agency, which is the type of special district that is eligible to receive property tax revenues pursuant to Section 34188, one member appointed by the county superintendent of education to represent schools, one member appointed by the Chancellor of the California Community Colleges to represent community college districts, and one member representing employees of the former redevelopment agency appointed by the mayor of the city if that appointment is subject to confirmation by the county board of supervisors, to represent the largest number of former redevelopment agency employees employed by the successor agency at that time (11) Each appointing authority identified in this subdivision may, but is not required to, appoint alternate representatives to serve on the oversight board as may be necessary to attend any meeting of the oversight board in the event that the appointing authority's primary representative is unable to attend any meeting for any reason If an alternate representative attends any meeting in place of the primary representative, the alternative representative shall have the same participatory and voting rights as all other attending members of the oversight board (b) The Governor may appoint individuals to fill any oversight board member position described in subdivision (a) that has not been filled by May 15, 2012, or any member position that remains vacant for more than 60 days (c) The oversight board may direct the staff of the successor agency to perform work in furtherance of the oversight board's and the successor agency's duties and responsibilities under this part The successor agency shall pay for all of the costs of meetings of the oversight board and may include such costs in its 97 Packet Pg 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 59 — AB 113 submission, unless the department requests a review of the action Each oversight board shall designate an official to whom the department may make those requests and who shall provide the department with the telephone number and e-mail contact information for the purpose of communicating with the department pursuant to this subdivision Except as otherwise provided in this part, in the event that the department requests a review of a given oversight board action, it shall have 40 days from the date of its request to approve the oversight board action or return it to the oversight board for reconsideration and the oversight board action shall not be effective until approved by the department In the event that the department returns the oversight board action to the oversight board for reconsideration, the oversight board shall resubmit the modified action for department approval and the modified oversight board action shall not become effective until approved by the department If the department reviews a Recognized Obligation Payment Schedule, the department may eliminate or modify any item on that schedule prior to its approval The county auditor -controller shall reflect the actions of the department in determining the amount of property tax revenues to allocate to the successor agency The department shall provide notice to the successor agency and the county auditor -controller as to the reasons for its actions To the extent that an oversight board continues to dispute a determination with the department, one or more future recognized obligation schedules may reflect any resolution of that dispute The department may also agree to an amendment to a Recognized Obligation Payment Schedule to reflect a resolution of a disputed item, however, this shall not affect a past allocation of property tax or create a liability for any affected taxing entity (i) Oversight boards shall have fiduciary responsibilities to holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188 Further, the provisions of Division 4 (commencing with Section 1000) of the Government Code shall apply to oversight boards Notwithstanding Section 1099 of the Government Code, or any other law, any individual may simultaneously be appointed to up to five oversight boards and may hold an office in a city, county, city and county, special district, school district, or community college district 97 Packet Pg 75 �3a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 61— AB 113 (k) The Governor may appoint individuals to fill any oversight board member position described in subdivision 0) that has not been filled by July 15, 2016, or any member position that remains vacant for more than 60 days (0 Commencing on and after July 1, 2016, in each county where only one oversight board was created by operation of the act adding this part, then there will be no change to the composition of that oversight board as a result of the operation of subdivision (b) (m) Any oversight board for a given successor agency, with the exception of countywide oversight boards, shall cease to exist when the successor agency has been formally dissolved pursuant to Section 34187 A county oversight board shall cease to exist when all successor agencies subject to its oversight have been formally dissolved pursuant to Section 34187 (n) An oversight board may direct a successor agency to provide additional legal or financial advice than what was given by agency staff (o) An oversight board is authorized to contract with the county or other public or private agencies for administrative support (p) On matters within the purview of the oversight board, decisions made by the oversight board supersede those made by the successor agency or the staff of the successor agency (q) (1) Commencing on and after July 1, 2017, in each county where more than 40 oversight boards were created by operation of the act adding this part, there shall be five oversight boards, which shall each be staffed in the same manner as specified in subdivision 0) The membership of each oversight board shall be as specified in paragraphs (1) through (7), inclusive, of subdivision 0) (2) The oversight boards shall be numbered one through five, and their respective jurisdictions shall encompass the territory located within the respective borders of the first through fifth county board of supervisors districts, as those borders existed on July 1, 2016 Except as specified in paragraph (3), each oversight board shall have ,jurisdiction over each successor agency located within its borders (3) If a successor agency has territory located within more than one county board of supervisors' district, the county board of supervisors shall, no later than July 15, 2016, determine which oversight board shall have jurisdiction over that successor agency 97 Packet Pg 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 63 — AB 113 in the written installment payment plan, the following shall occur unless the county auditor -controller reports within 10 business days that the successor agency, city, county, or city and county has made the entirety of the mcomplete payment or payments (1) Section 341913, subdivision (b) of Section 341914, and Section 341915 shall not apply to the successor agency (2) Oversight board actions taken under subdivision (b) of Section 341914 shall no longer be effective Any loan agreements entered into between the redevelopment agency and the city, county, or city and county that created the redevelopment agency that were deemed enforceable obligations pursuant to such oversight board actions shall no longer be enforceable obligations (3) If the department has approved a long-range property management plan for the successor agency, that plan shall no longer be effective Any property that has not been disposed of through the plan prior to the nonpayment discussed in paragraph (3) shall be disposed of pursuant to Section 34181 (4) If applicable, the successor agency's Last and Final Recognized Obligation Payment Schedule shall cease to be effective However, to ensure the flow of lawful payments to third parties is not impeded, the Last and Final Recognized Obligation Payment Schedule shall remain operative until the successor agency's next Recognized Obligation Payment Schedule is approved and becomes operative pursuant to Section 34177 (d) Subdivision (c) shall not be construed to prevent the department from working with a successor agency, city, county, or city and county to amend the terms of a written installment payment plan if the department determines the amendments are necessitated by the successor agency's, city's, county's, or city and county's fiscal situation SEC 13 Section 34179 9 is added to the Health and Safety Code, to read 34179 9 (a) The city, county, or city and county that created the former redevelopment agency shall return to the successor agency all assets transferred to the city, county, or city and county ordered returned pursuant to Section 34167 5 (b) (1) The city, county, or city and county that created the former redevelopment agency shall return to the successor agency all cash and cash equivalents transferred to the city, county, or city 97 Packet Pg 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 65 — AS 113 SEC 14 Section 34180 of the Health and Safety Code is amended to read 34180 All of the following successor agency actions shall first be approved by the oversight board (a) The establishment of new repayment terms for outstanding loans where the terms have not been specified prior to the date of this part An oversight board shall not have the authority to reestablish loan agreements between the successor agency and the city, county, or city and county that formed the redevelopment agency except as provided in Chapter 9 (commencing with Section 34191 1) (b) The issuance of bonds or other indebtedness or the pledge or agreement for the pledge of property tax revenues (formerly tax increment prior to the effective date of this part) pursuant to subdivision (a) of Section 34177 5 (c) Setting aside of amounts in reserves as required by indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds (d) Merging of pro)ect areas (e) Continuing the acceptance of federal or state grants, or other forms of financial assistance from either public or private sources, if that assistance is conditioned upon the provision of matching funds, by the successor entity as successor to the former redevelopment agency, in an amount greater than 5 percent (f) (1) If a city, county, or city and county wishes to retain any properties or other assets for future redevelopment activities, funded from its own funds and under its own auspices, it must reach a compensation agreement with the other taxing entities to provide payments to them in proportion to their shares of the base property tax, as determined pursuant to Section 34188, for the value of the property retained (2) If no other agreement is reached on valuation of the retained assets, the value will be the fair market value as of the 2011 property tax lien date as determined by an independent appraiser approved by the oversight board (g) Establishment of the Recognized Obligation Payment Schedule (h) A request by the successor agency to enter or reenter into an agreement with the city, county, or city and county that formed the redevelopment agency that it is succeeding pursuant to Section 97 Packet Pg 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 67 — AB 113 (2) "Parking facilities and lots dedicated solely to public parking" do not include properties that generate revenues in excess of reasonable maintenance costs of the properties (b) Cease performance in connection with and terminate all existing agreements that do not qualify as enforceable obligations (c) Transfer housing assets pursuant to Section 34176 (d) Terminate any agreement, between the dissolved redevelopment agency and any public entity located in the same county, obligating the redevelopment agency to provide funding for any debt service obligations of the public entity or for the construction, or operation of facilities owned or operated by such public entity, in any instance where the oversight board has found that early termination would be in the best interests of the taxing entities (e) Determine whether any contracts, agreements, or other arrangements between the dissolved redevelopment agency and any private parties should be terminated or renegotiated to reduce liabilities and increase net revenues to the taxing entities, and present proposed termination or amendment agreements to the oversight board for its approval The board may approve any amendments to or early termination of those agreements if it finds that amendments or early termination would be in the best interests of the taxing entities (f) All actions taken pursuant to subdivisions (a) and (c) shall be approved by resolution of the oversight board at a public meeting after at least 10 days' notice to the public of the specific proposed actions The actions shall be subject to review by the department pursuant to Section 34179 except that the department may extend its review period by up to 60 days If the department does not object to an action subject to this section, and if no action challenging an action is commenced within 60 days of the approval of the action by the oversight board, the action of the oversight board shall be considered final and can be relied upon as conclusive by any person If an action is brought to challenge an action involving title to or an interest in real property, a notice of pendency of action shall be recorded by the claimant as provided in Title 4 5 (commencing with Section 405) of Part 2 of the Code of Civil Procedure within a 60-day period SEC 16 Section 34183 of the Health and Safety Code is amended to read 97 Packet Pg 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —69— AB 113 the State Water Project, and levied in addition to the property tax rate limited by subdivision (a) of Section 1 of Article XIII A of the California Constitution, shall be allocated to, and when collected shall be paid into, the fund of that taxing entity, unless the amounts in question are pledged as security for the payment of any indebtedness obligation, as defined in subdivision (e) of Section 34171, and needed for payment thereof Notwithstanding any other law, all allocations of revenues above one cent ($0 01) derived from the imposition of a property tax rate, approved by the voters of a city, county, city and county, or special district to make payments in support of pension programs or in support of capital projects and programs related to the State Water Project and levied in addition to the property tax rate limited by subdivision (a) of Section 1 of Article XIII A of the California Constitution, made by any county auditor -controller prior to June 15, 2015, are valid and shall not be affected by this section A city, county, city and county, county auditor -controller, successor agency, department, or affected taxing entity shall not be subject to any claim for money, damages, or reallocated revenues based on any allocation of such revenues above one cent ($0 01) prior to June 15, 2015 (2) Second, on June 1, 2012, and each January 2 and June 1 thereafter, to each successor agency for payments listed in its Recognized Obligation Payment Schedule for the six-month fiscal period beginning January 1, 2012, and July 1, 2012, and each January 2 and June 1 thereafter, in the following order of priority (A) Debt service payments scheduled to be made for tax allocation bonds (B) Payments scheduled to be made on revenue bonds, but only to the extent the revenues pledged for them are msufficient to make the payments and only if the agency's tax increment revenues Were also pledged for the repayment of the bonds (C) Payments scheduled for other debts and obligations listed in the Recognized Obligation Payment Schedule that are required to be paid from former tax increment revenue (3) Third, on June 1, 2012, and each January 2 and June 1 thereafter, to each successor agency for the administrative cost allowance, as defined in Section 34171, for administrative costs set forth in an approved administrative budget for those payments required to be paid from former tax increment revenues 97 r- LO P. M m .c E a) 0 U) a r d E a Packet Pg 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 71— AB 113 payments required for enforceable obligations, funds for servicing bond debt may be deducted from the amounts for passthrough payments under paragraph (1), as provided in those sections, but only to the extent that the amounts remaining to be distributed to taxing entities pursuant to paragraph (4) and the amounts available for distribution for administrative costs in paragraph (3) have all been exhausted (c) The county treasurer may loan any funds from the county treasury to the Redevelopment Property Tax Trust Fund of the successor agency for the purpose of paying an item approved on the Recognized Obligation Payment Schedule at the request of the Department of Finance that are necessary to ensure prompt payments of redevelopment agency debts An enforceable obligation is created for repayment of those loans (d) The Controller may recover the costs of audit and oversight required under tlus part from the Redevelopment Property Tax Trust Fund by presenting an invoice therefor to the county auditor -controller who shall set aside sufficient funds for and disburse the claimed amounts prior to making the next distributions to the taxmg entities pursuant to Section 34188 Subject to the approval of the Director of Finance, the budget of the Controller may be augmented to reflect the reimbursement, pursuant to Section 28 00 of the Budget Act (e) Within 10 days of each distribution of property tax, the county auditor -controller shall provide a report to the department regarding the distribution for each successor agency that includes information on the total available for allocation, the passthrough amounts and how they were calculated, the amounts distributed to successor agencies, and the amounts distributed to taxing entities in a manner and form specified by the department Tlus reporting requirement shall also apply to distributions required under subdivision (b) of Section 34183 5 SEC 17 Section 34186 of the Health and Safety Code is amended to read 34186 (a) (1) Differences between actual payments and past estimated obligations on recognized obligation payment schedules shall be reported in subsequent recognized obligation payment schedules and shall adjust the amount to be transferred to the Redevelopment Obligation Retirement Fund pursuant to this part These estimates and accounts, as well as cash balances, shall be 97 Packet Pg 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —73— AS 113 revenues that were associated with the payment of the recognized obligation (2) Notwithstanding paragraph (1), the department may authorize a successor agency to retain property tax that otherwise would be distributed to affected taxing entities pursuant to this subdivision, to the extent the department determines the successor agency requires those funds for the payment of enforceable obligations Upon making a determination, the department shall provide the county auditor -controller with information detailmg the amounts that it has authorized the successor agency to retain Upon determining the successor agency no longer requires additional funds pursuant to this subdivision, the department shall notify the successor agency and the county auditor -controller The county auditor -controller shall then distribute the funds in question to the affected taxing entities in accordance with the provisions of the Revenue and Taxation Code (b) When all of the enforceable obligations have been retired or paid off, all real property has been disposed of pursuant to Section 34181 or 341914, and all outstanding litigation has been resolved, the successor agency shall, within 30 days of meeting the aforementioned criteria, submit to the oversight board a request, with a copy of the request to the county auditor -controller, to formally dissolve the successor agency The oversight board shall approve the request within 30 days, and shall submit the request to the department (c) If a redevelopment agency was not allocated property tax revenue pursuant to either subdivision (b) of Section 16 of Article XVI of the California Constitution or Section 33670 prior to February 1, 2012, the successor agency shall, no later than September 1, 2015, submit to the oversight board a request to formally dissolve the successor agency The oversight board shall approve this request within 30 days, and shall submit the request to the department (d) The department shall have 30 days to approve or deny a request submitted pursuant to subdivisions (b) or (c) (e) When the department has approved a request to formally dissolve a successor agency, the successor agency shall take both of the following steps within 100 days of the department's notification 97 Packet Pg 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 75 — AB 113 payment of any of the passthrough payment obligations identified in subdivision (h) SEC 19 Section 34189 of the Health and Safety Code is amended to read 34189 (a) Commencing on the effective date of this part, all provisions of the Community Redevelopment Law that depend on the allocation of tax increment to redevelopment agencies, including, but not limited to, Sections 33445, 33640, 33641, and 33645, and subdivision (b) of Section 33670, shall be inoperative Solely for the purposes of the payment of enforceable obligations defined by subparagraph (A) to (G), inclusive, of paragraph (1) of subdivision (d) of Section 34171 and subdivision (b) of Section 341914, and for no other purpose whatsoever, a successor agency is not subject to the limitations relating to time, number of tax dollars, or any other matters set forth in Sections 33333 2,33333 4, and 33333 6 Notwithstanding any other provision in this section, this subdivision shall not result in the restoration or continuation of funding for projects whose contractual terms specified that project funding would cease once the limitations specified in any of Section 33333 2, 33333 4, or 33333 6 were realized (b) To the extent that a provision of Part 1 (commencing with Section 33000), Part 15 (commencing with Section 34000), Part 16 (commencing with Section 34050), and Part 17 (commencing with Section 34100) conflicts with this part, the provisions of this part shall control Further, if a provision of Part 1 (commencing with Section 33000), Part 1 5 (commencing with Section 34000), Part 16 (commencing with Section 34050), or Part 17 (commencing with Section 34100) provides an authority that the act adding this part is restricting or eliminating, the restriction and elimination provisions of the act adding this part shall control (c) It is intended that the provisions of this part shall be read in a manner as to avoid duplication of payments SEC 20 Section 341913 of the Health and Safety Code is amended to read 341913 (a) Notwithstanding Section 34191 1, the requirements specified in subdivision (e) of Section 34177 and subdivision (a) of Section 34181 shall be suspended, except as those provisions apply to the transfers for governmental use, until the Department of Finance has approved a long-range property management plan pursuant to subdivision (b) of Section 34191 5, 97 ti U) M m Z' M E 0 N U) a d E a Packet Pg 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 77 — AB 113 former redevelopment agency under which the city, county, or city and county that created the former redevelopment agency transferred money to the former redevelopment agency for use by the former redevelopment agency for a lawful purpose, and where the formerredevelopment agency was obligated to repay the money it received pursuant to a required repayment schedule (3) If the oversight board finds that the loan is an enforceable obligation, any interest on the remaining principal amount of the loan that was previously unpaid after the original effective date of the loan shall be recalculated from the date of the oversight board's finding on a quarterly basis, at a simple interest rate of 3 percent The recalculated loan shall be repaid to the city, county, or city and county in accordance with a defined schedule over a reasonable term of years Moneys repaid shall be applied first to the principal, and second to the interest The annual loan repayments provided for in the recognized obligation payment schedules shall be subject to all of the following limitations (A) Loan repayments shall not be made prior to the 2013-14 fiscal year Beginning in the 2013-14 fiscal year, the maximum repayment amount authorized each fiscal year for repayments made pursuant to this subdivision and paragraph (7) of subdivision (e) of Section 34176 combined shall be equal to one-half of the increase between the amount distributed to the taxing entities pursuant to paragraph (4) of subdivision (a) of Section 34183 in that fiscal year and the amount distributed to taxing entities pursuant to that paragraph in the 2012-13 base year, provided, however, that calculation of the amount distributed to taxing entities during the 2012-13 base year shall not include any amounts distributed to taxing entities pursuant to the due diligence review process established in Sections 34179 5 to 34179 8, inclusive Loan or deferral repayments made pursuant to this subdivision shall be second in priority to amounts to be repaid pursuant to paragraph (7) of subdivision (e) of Section 34176 (B) Repayments received by the city, county, or city and county that formed the redevelopment agency shall first be used to retire any outstanding amounts borrowed and owed to the Low and Moderate Income Housing Fund of the former redevelopment agency for purposes of the Supplemental Educational Revenue Augmentation Fund and shall be distributed to the Low and Moderate Income Housing Asset Fund established by subdivision 97 Packet Pg 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 79 — AB 113 (A) No more than 15 percent of the proceeds derived from the bonds may be expended, unless the successor agency meets the entena specified in subparagraph (B) (B) If the successor agency has an approved Last and Final Recognized Obligation Payment Schedule pursuant to Section 341916, the agency may expend no more than 30 percent of the proceeds derived from the bonds, subject to the following adjustments (1) If the bonds were issued during the period of January 1, 2011, to January 31, 2011, inclusive, the successor agency may expend an additional 25 percent of the proceeds derived from the bonds, for a total authorized expenditure of no more than 55 percent (u) If the bonds were issued during the period of February 1, 2011, to February 28, 2011, inclusive, the successor agency may expend an additional 20 percent of the proceeds derived from the bonds, for a total authorized expenditure of no more than 50 percent (ni) If the bonds were issued during the period of March 1, 2011, to March 31, 2011, inclusive, the successor agency may expend an additional 15 percent of the proceeds derived from the bonds, for a total authorized expenditure of no more than 45 percent (iv) If the bonds were issued during the period of April 1, 2011, to April 30, 2011, inclusive, the successor agency may expend an additional 10 percent of the proceeds derived from the bonds, for a total authorized expenditure of no more than 40 percent (v) If the bonds were issued during the period of May 1, 2011, to May 31, 2011, inclusive, the successor agency may expend an additional 5 percent of the proceeds derived from the bonds, for a total authorized expenditure of no more than 35 percent (C) Remaining bond proceeds that cannot be spent pursuant to subparagraphs (A) and (B) shall be used at the at the earliest date permissible under the applicable bond covenants to defease the bonds or to purchase those same outstanding bonds on the open market for cancellation (D) The expenditure of bond proceeds described in this paragraph shall only require the approval by the oversight board of the successor agency (3) If a successor agency provides the oversight board and the department with documentation that proves, to the satisfaction of 97 M m a 0 0 a U) 0 m m J Packet Pg 95 �3a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 81— AB 113 properties of the former redevelopment agency If the former redevelopment agency did not have real properties, the successor agency shall prepare a long-range property management plan certifying that the successor agency does not have real properties of the former redevelopment agency for disposition or use The plan shall be submitted to the oversight board and the Department of Finance for approval no later than six months following the issuance to the successor agency of the finding of completion (c) The long-range property management plan shall do all of the following (1) Include an inventory of all properties in the trust The inventory shall consist of all of the following information (A) The date of the acquisition of the property and the value of the property at that time, and an estimate of the current value of the property (B) The purpose for which the property was acquired (C) Parcel data, including address, lot size, and current zoning in the former agency redevelopment plan or specific, community, or general plan (D) An estimate of the current value of the parcel including, if available, any appraisal information (E) An estunate of any lease, rental, or any other revenues generated by the property, and a description of the contractual requirements for the disposition of those funds (F) The history of environmental contamination, including designation as a brownfield site, any related environmental studies, and history of any remediation efforts (G) A description of the property's potential for transit -oriented development and the advancement of the planning objectives of the successor agency (IT) A brief history of previous development proposals and activity, including the rental or lease of property (2) Address the use or disposition of all of the properties in the trust Permissible uses include the retention of the property for governmental use pursuant to subdivision (a) of Section 34181, the retention of the property for future development, the sale of the property, or the use of the property to fulfill an enforceable obligation The plan shall separately identify and list properties in the trust dedicated to governmental use purposes and properties retained for purposes of fulfilling an enforceable obligation With 97 Packet Pg 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —83— AB 113 obligations with defined payment schedules including, but not limited to, debt service, loan agreements, and contracts (2) All remaining obligations have been previously listed on a Recognized Obligation Payment Schedule and approved for payment by the department pursuant to subdivision (m) or (o) of Section 34177 (3) The successor agency is not a party to outstanding or unresolved litigation Notwithstanding this provision, successor agencies that are party to Los Angeles Unified School Dist v County of Los Angeles (2010)181 Cal App 4th 414 or Los Angeles Unified. School District v County of Los Angeles (2013) 217 Cal App 4th 597, may submit a Last and Final Recognized Obligation Payment Schedule (b) A successor agency that meets the conditions in subdivision (a) may submit a Last and Final Recognized Obligation Payment Schedule to its oversight board for approval at any time The successor agency may then submit the oversight board -approved Last and Final Recognized Obligation Payment Schedule to the department and only in a manner provided by the department The Last and Final Recognized Obligation Payment Schedule shall not be effective until reviewed and approved by the department as provided for in subdivision (c) The successor agency shall also submit a copy of the oversight board -approved Last and Final Recognized Obligation Payment Schedule to the county administrative officer, the county auditor -controller, and post it to the successor agency's Internet Web site at the same time that the successor agency submits the Last and Final Recognized Obligation Payment Schedule to the department (1) The Last and Final Recognized Obligation Payment Schedule shall list the remaining enforceable obligations of the successor agency in the following order (A) Enforceable obligations to be funded from the Redevelopment Property Tax Trust Fund (B) Enforceable obligations to be funded from bond proceeds or enforceable obligations required to be funded from other legally or contractually dedicated or restricted funding sources (C) Loans or deferrals authorized for repayment pursuant to subparagraph (G) of paragraph (1) of subdivision (d) of Section 34171 or Section 341914 97 Packet Pg 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —85— AB 113 Fund distribution period If an amended Last and Final Recognized Obligation Payment Schedule is approved less than 15 days before the date of the property tax distribution, the Last and Final Recognized Obligation Payment Schedule shall not be effective until the subsequent Redevelopment Property Tax Trust Fund distribution period (B) Notwithstanding paragraph (2), there shall be no limitation on the number of Last and Final Recognized Obligation Payment Schedule amendment requests that may be submitted to the department by successor agencies that are party to either of the cases specified in paragraph (3) of subdivision (a), provided those additional amendments are submitted for the sole purpose of complying with final judicial determinations in those cases (3) Any revenues, interest, and earnings of the successor agency not authorized for use pursuant to the approved Last and Final Recognized Obligation Payment Schedule shall be remitted to the county auditor -controller for distribution to the affected taxing entities Notwithstanding Sections 341913 and 341915, proceeds from the disposition of real property subsequent to the approval of the Last and Final Recognized Obligation Payment Schedule that are not necessary for the payment of an enforceable obligation shall be remitted to the county auditor -controller for distribution to the affected taxing entities (4) A successor agency shall not expend more than the amount approved for each enforceable obligation listed and approved on the Last and Final Recognized Obligation Payment Schedule (5) If a successor agency receives msufficient funds to pay for the enforceable obligations approved in the Last and Final Recognized Obligation Payment Schedule in any given period, the city, county, or city and county that created the redevelopment agency may loan or grant funds to a successor agency for that period at the successor agency's request for the sole purpose of paying for approved items on the Last and Final Recognized Obligation Payment Schedule that would otherwise go unpaid Any loans provided pursuant to this paragraph by the city, county, or city and county that created the redevelopment agency shall not include an interest component Additionally, at the request of the department, the county treasurer may loan any funds from the county treasury to the Redevelopment Property Tax Trust Fund of the successor agency for the purpose of paying an item approved 97 Packet Pg 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 87 — AB 113 plans pursuant to Section 341915, amendments to the Last and Final Recognized Obligation Payment Schedule under paragraph (2) of subdivision (c), and the final oversight board resolutions pursuant to Section 34187 (d) The county auditor -controller shall do the following (1) Review the Last and Final Recognized Obligation Payment Schedule and provide any objection to the inclusion of any items or amounts to the department (2) After the Last and Final Recognized Obligation Payment Schedule is approved by the department, the county auditor -controller shall continue to allocate moneys in the Redevelopment Property Tax Trust Fund pursuant to Section 34183, however, the allocation from the Redevelopment Property Tax Trust Funds in each fiscal period, after deducting auditor -controller administrative costs, shall be according to the following order of priority (A) Allocations pursuant to paragraph (1) of subdivision (a) of Section 34183 (B) Debt service payments scheduled to be made for tax allocation bonds that are listed and approved in the Last and Final Recognized Obligation Payment Schedule (C) Payments scheduled to be made on revenue bonds that are listed and approved in the Last and Final Recognized Obligation Payment Schedule, but only to the extent the revenues pledged for them are insufficient to make the payments and only if the agency's tax increment revenues were also pledged for the repayment of bonds (D) Payments scheduled for debts and obligations listed and approved in the Last and Final Recognized Obligation Payment Schedule to be paid from the Redevelopment Property Tax Trust Fund pursuant to subparagraph (A) of paragraph (1) of subdivision (b) and subdivision (c) (E) Payments listed and approved pursuant to subparagraph (A) of paragraph (1) of subdivision (b) and subdivision (c) that were authorized but unfunded in prior periods (F) Repayment in the amount specified in paragraph (6) of subdivision (c) of loans and deferrals listed and approved on the Last and Final Recognized Obligation Payment Schedule pursuant to subparagraph (C) of paragraph (1) of subdivision (b) and subdivision (c) 97 Packet Pg 1073 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 — 89 — AB 113 September 19, 1983, shall, in reducing the amount of property tax revenue that otherwise would be allocated to the county by an amount attributable to that negative sum, do all of the following (a) For the 2011-12 fiscal year, apply a reduction amount that is equal to the lesser of either of the following (1) The reduction amount that was determined for the 2010-11 fiscal year (2) The reduction amount that is determined for the 2011-12 fiscal year (b) For the 2012-13 fiscal year, apply a reduction amount that is equal to the lesser of either of the following (1) The reduction amount that was determined in subdivision (a) for the 2011-12 fiscal year (2) The reduction amount that is determined for the 2012-13 fiscal year (c) For the 2013-14 fiscal year and for the 2014-15 fiscal year, apply a reduction amount that is determined on the basis of the reduction amount applied for the immediately preceding fiscal year (d) For the 2015-16 fiscal year and each fiscal year thereafter, the county auditor shall not apply a reduction amount SEC 25 Section 96 24 is added to the Revenue and Taxation Code, to read 9624 Notwithstanding any other law, the property tax apportionment factors applied in allocating property tax revenues in the County of San Benito for each fiscal year through the 2000-01 fiscal year, inclusive, are deemed to be correct Notwithstanding the audit time limits specified in paragraph (3) of subdivision (c) of Section 96 1, the county auditor shall make the allocation adjustments identified in the State Controller's audit of the County of San Benito for the 200142 fiscal year pursuant to the other provisions of paragraph (3) of subdivision (c) of Section 96 1 For the 2002-03 fiscal year and each fiscal year thereafter, property tax apportionment factors applied in allocating property tax revenues in the County of San Benito shall be determined on the basis of property tax apportionment factors for prior fiscal years that have been fully corrected and adjusted, pursuant to the review and recommendation of the Controller, as would be required in the absence of the preceding sentences 97 W m a E m w fn a r c d E V a Packet Pg 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 91— AB 113 (5) For purposes of the calculations made pursuant to Section 96 1 or its predecessor section, in the 1990-91 fiscal year and each fiscal year thereafter, the amounts that would have been allocated to qualifying cities pursuant to this subdivision shall be deemed to be the "amount of property tax revenue allocated in the prior fiscal year" (c) "TEA formula" means the Tax Equity Allocation formula, and shall be calculated by the auditor for each qualifying city as follows (1) For the 1988-89 fiscal year and each fiscal year thereafter, the auditor shall determme the total amount of property tax revenue to be allocated to all jurisdictions in all tax rate areas within the qualifying city, before the allocation and payment of funds in that fiscal year to a community redevelopment agency within the qualifying city, as provided in subdivision (b) of Section 33670 of the Health and Safety Code (2) The auditor shall determine the total amount of funds allocated in each fiscal year to a community redevelopment agency in accordance with subdivision (b) of Section 33670 of the Health and Safety Code (3) The auditor shall determine the total amount of funds paid in each fiscal year by a community redevelopment agency within the city to jurisdictions other than the city pursuant to subdivision (b) of Section 33401 and Section 33676 of the Health and Safety Code, and the cost to the redevelopment agency of any land or facilities transferred and any amounts paid to jurisdictions other than the city to assist in the construction or reconstruction of facilities pursuant to an agreement entered into under Section 33401 or 33445 5 of the Health and Safety Code (4) The auditor shall subtract the amount determined in paragraph (3) from the amount determined in paragraph (2) (5) The auditor shall subtract the amount determined in paragraph (4) from the amount determined in paragraph (1) (6) The amount computed in paragraph (5) shall be multiplied by the following percentages in order to determine the TEA formula amount to be distributed to the qualifying city in each fiscal year (A) For the first fiscal year in which the qualifying city receives a distribution pursuant to this section, 1 percent of the amount determined in paragraph (5) 97 Packet Pg 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 93 — AB 113 (e) The auditor may assess each qualifying city its proportional share of the actual costs of making the calculations required by this section, and may deduct that assessment from the amount allocated pursuant to subdivision (b) For purposes of this subdivision, a qualifying city's proportional share of the auditor's actual costs shall not exceed the proportion it receives of the total amounts excluded in the county pursuant to subdivision (a) (f) Notwithstanding subdivision (b), in any fiscal year in which a qualifying city is to receive a distribution pursuant to this section, the auditor shall reduce the actual amount distributed to the qualifying city by the sum of the following (1) The amount of property tax revenue that was exchanged between the county and the qualifying city as a result of negotiation pursuant to Section 99 03 (2) (A) The amount of revenue not collected by the qualifying city in the first fiscal year following the city's reduction after January 1, 1988, of the tax rate or tax base of any locally unposed tax, except any tax that was imposed after January 1, 1988 In the case of a tax that existed before January 1, 1988, this clause shall apply only with respect to an amount attributable to a reduction of the rate or base to a level lower than the rate or base applicable on January 1, 1988 The amount so computed by the auditor shall constitute a reduction in the amount of property tax revenue distributed to the qualifying city pursuant to this section in each succeeding fiscal year That amount shall be aggregated with any additional amount computed pursuant to this clause as the result of the city's reduction in any subsequent year of the tax rate or tax base of the same or any other locally unposed general or special tax (B) No reduction may be made pursuant to subparagraph (A) in the case in which a local tax is reduced or eliminated as a result of either a court decision or the approval or rejection of a ballot measure by the voters (3) The amount of property tax revenue received pursuant to this chapter in excess of the amount allocated for the 1986-87 fiscal year by all special districts that are governed by the city council of the qualifying city or whose governing body is the same as the city council of the qualifying city with respect to all tax rate areas within the boundaries of the qualifying city Notwithstanding this paragraph 97 LO ti M m 21 M E d N U! a c d E a Packet Pg 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 95 — AB 113 0) The amount not distributed to the tax rate areas of a qualifying city as a result of this section shall be distributed by the auditor to the county (k) Notwithstanding any other provision of this section, no qualifying city shall be distributed an amount pursuant to this section that is less than the amount the city would have been allocated without the application of the TEA formula (� Notwithstanding any other provision of this section, the auditor shall not distribute any amount determined pursuant to this section to any qualifying city that has in the prior fiscal year used any revenues or issued bonds for the construction, acquisition, or development, of any facility which is defined in Section 103(b)(4), 103(b)(5), or 103(b)(6) of the Internal Revenue Code of 1954 prior to the enactment of the Tax Reform Act of 1986 (Public Law 99-514) and is no longer eligible for tax-exempt financing (m) (1) The amendments made to this section, and the repeal of Section 98 04, by the act that added this subdivision shall apply for the 2006-07 fiscal year and each fiscal year thereafter (2) For the 2006-07 fiscal year and for each fiscal year thereafter, all of the following apply (A) The auditor of the County of Santa Clara shall do both of the following (1) Reduce the total amount of ad valorem property tax revenue otherwise required to be allocated to qualifying cities in that county by the ERAF reimbursement amount This reduction for each qualifying city in the county for each fiscal year shall be the percentage share, of the total reduction required by this clause for all qualifying cities in the county for the 2006-07 fiscal year, that is equal to the proportion that the total amount of additional ad valorem property tax revenue that is required to be allocated to the qualifying city as a result of the act that added this subdivision bears to the total amount of additional ad valorem property tax revenue that is required to be allocated to all qualifying cities in the county as a result of the act that added this subdivision (11) Increase the total amount of ad valorem property tax revenue otherwise required to be allocated to the county Educational Revenue Augmentation Fund by the ERAF reimbursement amount (B) For purposes of this subdivision, "ERAF reimbursement amount" means an amount equal to the difference between the following two amounts 97 M r m a 0 M M 0 0 d Q J r, LO Cl) m , M E a) U) 0 a d E 0 Packet Pg 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 97 — AB 113 Revenue Augmentation Fund by the percentage specified in clause (u) of subparagraph (A) of the ERAF reimbursement amount (2) The auditor of the County of Santa Clara shall not adjust the ERAF reimbursement amount by the percentages specified in clause (n) of subparagraph (A) of paragraph (1) in any fiscal year in which the amount of moneys required to be applied by the state for the support of school districts and community college districts is determined pursuant to paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution (3) For purposes of this subdivision, "ERAF reimbursement amount" has the same meaning as defined in subparagraph (B) of paragraph (2) of subdivision (m) SEC 27 The Legislature hereby finds and declares all of the following (a) The Department of Finance has provided written confirmation to the successor agency to the Redevelopment Agency of the City and County of San Francisco (successor agency) that the following projects are finally and conclusively approved as enforceable obligations (1) The Mission Bay North Owner Participation Agreement (2) The Mission Bay South Owner Participation Agreement (3) The Disposition and Development Agreement for Hunters Point Shipyard Phase 1 (4) The Candlestick Point -Hunters Point Shipyard Phase 2 Disposition and Development Agreement (5) The Transbay Implementation Agreement (b) The enforceable obligations described in subdivision (a) require the successor agency to fund and develop affordable housing, including 1,200 units in Transbay, 1,445 units in Mission Bay North and Mission Bay South, and 1,358 units in Candlestick Point -Hunters Point Shipyard Phases 1 and 2 In addition, the successor agency is required to fund and develop public infrastructure in the Transbay Redevelopment Project Area pursuant to the Transbay Implementation Agreement, which is necessary to improve the area surrounding the Transbay Transit Center (c) Due to insufficient property tax revenues in the Redevelopment Property Tax Trust Fund, of the total number of affordable housing units that the successor agency is obligated to fund and develop under the enforceable obligations described in 97 Packet Pg 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 — 99 — AB 113 rendered to the cities between the respective dates of their incorporation, and June 30, 2015 The county's agreement to forgive these funds shall be forwarded to the Chairperson of the Joint Legislative Budget Committee and to the Director of Finance no later than August 1, 2015 The county's agreement shall be accompanied by a summary of the actual amount owed to the county by each of the cities for the period between the date of their incorporation and June 30, 2015 The agreement reflects a valid public purpose which benefits the cities, the county, and its citizens (b) Within 30 days of receiving notification from the county as specified in subdivision (a), the Director of Finance shall do all of the following (1) Verify the accuracy of the county's summary of the amounts owed to it by the three cities (2) Direct the Controller to transmit to the department, from the appropriation provided in subdivision (a), an amount that corresponds to the amount that the Director of Finance has verified pursuant to paragraph (1) (3) Initiate steps to reduce the amount of reimbursements provided to the department in the Budget Act of 2015 by an amount that corresponds to the amount provided to the department pursuant to paragraph (2) SEC 29 (a) The Legislature finds and declares that the special law contained in Section 9 of this measure is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to affordable housing in the City and County of San Francisco in conjunction with the affordable housing and infrastructure requirements of the enforceable obligations specified in this act (b) The Legislature finds and declares that the special law contained in Section 25 of this measure is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the uniquely severe fiscal difficulties being suffered by the County of San Benito (c) The Legislature finds and declares that the special law contained in Section 26 of this measure is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of 97 Packet Pg 115 Office of the Mayor August 19, 2015 The Honorable Jerry Brown C/o State Capitol, Suite 1173 Sacramento, CA 95814 M Re Local Government Trailer Bill AB 113 — Use of Bond Proceeds SUPPORT m a 16. Dear Governor Brown ° 0 The City of Grand Terrace has appreciated the opportunity to work with the Department of C Finance to transition economic development strategies and is in strong SUPPORT of provisions in the Local Government Trailer Bill AB 113, which allows cities access to bond o proceeds issued after January 1, 2011 — June 30, 2011 d J Over 3/4 of a billion dollars in bond proceeds were issued to stimulate economic development and job creations, yet cities like Grand Terrace are denied access to these r funds because of the timing of their issuance It is critical that cities are allowed to access bond proceeds to accelerate local economic growth and increase land values of former RDA properties 0 Specifically, Section 21 of the Local Government Trailer Bill AB 113, Section 34191 4-2B 0 of the Health and Safety Code would be amended to read, in part w 0 (B) If the successor agency has an approved Last and final Recognized Obligation 0 Payment schedule pursuant to Section 34919 6, the agency may expend no more than 60 percent of the proceeds derived from the bonds, subject to the following adjustments E And the addition of section (C) (C) The successor agency may expend an additional 40 percent of the proceeds derived from bonds for, development or reconstruction of transportation infrastructure (roads), acquisition of right-of-way for bicycle lanes, sidewalk improvements that address risk management and ADA compliance, wetlands remediation and the creation of swales for storm water runoff The environmental and transportation projects must be completed before 2025 or the remaining bond proceeds that cannot be spent pursuant to subparagraphs (A) and (B) shall be used at the earliest date permissible under the applicable bond covenants to defease the bonds or to purchase those same outstanding bonds on the open market for r' cancellation i 22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/ 824-6623 Packet Pg 1177 .a0 AGENDA REPORT MEETING DATE August 25, 2015 Council Item TITLE Extension of an Interim Urgency Ordinance of the City Council, Adopted Pursuant to Government Code Section 65858, Temporarily Prohibiting the Expansion or Establishment of Tobacco and Electronic Cigarette Retail Businesses, Smoke Shops and Vapor Lounges PRESENTED BY Sandra Molina, Community Development Director RECOMMENDATION (A) Adopt this Agenda Report as the Official Written Report Required by Government Code Section 65858(d), and, (B) Read by title only, waive further reading and adopt an INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, EXTENDING FOR TWELVE (12) MONTHS A CITY-WIDE MORATORIUM ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858, TEMPORARILY PROHIBITING EXPANSION OF EXISTING, OR THE ESTABLISHMENT OF, NEW TOBACCO AND ELECTRONIC CIGARETTE RETAIL BUSINESSES, SMOKE SHOPS, AND VAPOR LOUNGES 2030 VISION STATEMENT This staff report supports Our Mission "to preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government" BACKGROUND On September 23, 2014 the City Council adopted by four -fifths vote an interim urgency ordinance prohibiting the expansion of existing, or the establishment of new, tobacco retailers, electronic cigarette retailers, smoke shops or vapor lounges in the City of Grand Terrace The interim urgency ordinance was valid for 45 days and on October 28, 2014 the Council extended the moratorium for 15 days and 10 months The necessity to take action on the interim moratorium was prompted by a number of inquiries regarding the establishment of smoke shops and vapor lounges, and inadequate zoning regulations to adequately address potential secondary impacts related to such uses The interim urgency ordinance is set to expire on September 23, 2015, unless extended Packet Pg, 119 hearing, the amendments will be scheduled for public hearing before the City Council However, at this time, the hearings will not be completed prior to the September 23�d expiration date Therefore, it is appropriate to extend the interim moratorium to allow adequate time to fully draft and consider the amendments Therefore, as provided for in the California Government Code, staff recommends the extension of the existing moratorium for a total period of one year After which, no other extensions are permissible FISCAL IMPACT A fiscal impact will not occur as a result of extending the interim urgency ordinance ATTACHMENTS • Moratorium Extension 8-25-15 (v2) (DOC) APPROVALS Sandra Molina Completed 08/13/2015 2 08 PM City Attorney Completed 08/14/2015 2 18 PM Finance Completed 08/14/2015 5 42 PM Community Development Completed 08/15/2015 12 47 PM City Manager Completed 08/19/2015 6 11 PM City Council Pending 08/25/2015 6 00 PM Packet Pg 121 ORDINANCE NO AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, EXTENDING FOR AN ADDITIONAL TWELVE (12) MONTHS A CITYWIDE MORATORIUM ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING EXPANSION OF EXISTING OR THE ESTABLISHMENT OF NEW TOBACCO AND ELECTRONIC CIGARETTE RETAIL BUSINESSES, SMOKE SHOPS, AND VAPOR LOUNGES WHEREAS, the City of Grand Terrace ("City") has adopted a General Plan, including a Land Use and Community Design Element, and WHEREAS, state law requires that the City's Zoning Code (Title 18 of the Grand Terrace Municipal Code) conform with the General Plan's goals and policies, and WHEREAS, the public health, safety and welfare is fully articulated in the City's General Plan, and WHEREAS, in order for the immediate protection of the public health, safety and o welfare, and pursuant to Government Code Section 65858, a moratorium is hereby c placed on the expansion of existing or establishment of new tobacco and electronic = cigarette retailers, smoke shops, and vapor lounges in the City of Grand Terrace x w WHEREAS, the City of Grand Terrace has not adopted a moratorium on the expansion, establishment or operation of tobacco and electronic cigarette retail establishments, smoke shops and vapor lounges prior to this urgency ordinance WHEREAS, Government Code Section 65858 provides for the adoption, as an urgency measure, interim ordinances for certain expressed purposes and by a vote of four -fifths (4/5) majority of the voting City Council members WHEREAS, this urgency ordinance is based on the following facts 1 The City of Grand Terrace has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, and o N 2 Tobacco retailers, electronic cigarette retailers and vapor lounges within w the City of Grand Terrace present unique challenges to local government E because the Grand Terrace Municipal Code does not currently define or -3 L regulate these types of land uses Smoke shops are permitted within 0.1 certain zones but are not otherwise regulated In the absence of specific g standards and zoning regulations pertaining to tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges, it is difficult to mitigate the secondary impacts generated by these establishments, thus requiring E 0 a Packet Pg 222 r 4a Ordinance No Page 3 of 7 ordinance prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or zoning proposal which is in the process of being considered by the Planning Agency, Planning Commission, or legislative body, and 11 The City needs additional time to (1) address the City's concerns regarding the establishment and operation of tobacco and electronic cigarette retailers, (2) study the potential impacts that these businesses may have on the public health, safety and welfare, (3) study and determine what local regulations may be appropriate or necessary for these retailers, (4) study and determine the appropriate zoning and location for these retailers, and (5) determine appropriate controls for the protection of the public health and welfare 12 The City's General Plan contains Goals 2 1 and 2 3, which seek to establish balanced commercial growth and a wide range of diversified retail and commercial opportunities The lack of or minimal regulations governing tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges frustrates the stated purposes of the General Plan by allowing these businesses to operate and proliferate unchecked to the detriment of balanced commercial growth in the City 13 For the reasons set forth above, this Ordinance is necessary to preserve w the public health, safety and welfare and to avoid a current and immediate W threat to the health, safety and welfare of the community v WHEREAS, on September 23, 2014, the City Council adopted by a four fifths vote, an interim urgency ordinance declaring and imposing a forty-five (45) day Citywide moratorium on the expansion of existing, or the establishment of new tobacco retailers, electronic cigarette retailers, smoke shops or vapor lounges in the City of Grand Terrace, and extended the interim urgency ordinance by an additional ten (10) months and fifteen (15) days by four fifths vote on October 28, 2014, and WHEREAS, pursuant to Government Code Section 65858(a), after notice and a public hearing, the City Council may extend the interim ordinance for an additional twelve (12) months, and WHEREAS, pursuant to Government Code Section 65858(d), ten (10) days prior to expiration of the interim ordinance, a written agenda report describing the measures taken to alleviate the condition which led to the establishment of the moratorium was prepared and presented to the City Council at its regular meeting of August 25, 2015, with the herein ordinance, Packet Pg 124 Ordinance No Page 5of7 "Tobacco retailer' means any establishment that sells tobacco products, tobacco - related products, electronic smoking devices, tobacco paraphernalia, imitation products or any combination thereof "Tobacco products" means any substance containing the tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bides, or any other preparation of tobacco, and any product of formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence "Electronic cigarette" means an electronic and/or battery operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances "Electronic cigarette" includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vapor cigarette or any other product name or descriptor "Electronic cigarette retailer" means any' establishment that sells electronic w cigarettes In n "Smoke shop" means any establishment that sells drug paraphernalia, which includes, but is not limited to, smoking devices, pipes, water pipes, chamber pipes, bongs, and literature, posters, and apparel depicting controlled o substances to "Vapor lounge" means any establishment that sells electronic cigarettes for consumption on site SECTION 5 URGENCY CLAUSE The City Council finds and declares that this ordinance is required for the immediate protection of the public health, safety and welfare as previously stated in this ordinance, and that this ordinance shall become effective immediately upon its adoption and will continue in full force and effect for a period of twelve (12) months, terminating on September 22, 2016 in accordance with Government Code 65858 SECTION 6 ENVIRONMENTAL DETERMINATION This Ordinance has been a reviewed for compliance with the California Environmental Quality Act (CEQA), the ° 2 CEQA guidelines, and the City's environmental procedures, and has been found to be = exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that £ the City Council hereby finds that it can be seen with certainty that there is no possibility a Packet Pg 126 Ordinance No Page 7 of 7 I, PAT JACQUEZ-NARES, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 25th day of August, 2015, by the following vote AYES NOES ABSENT ABSTAIN Pat Jacquez-Nares City Clerk W ti Packet Pg 128 MEETING DATE TITLE PRESENTED BY RECOMMENDATION AGENDA REPORT August 25, 2015 Successor Agency Item Approval of Check Register No 07312015 in the Amount of $1,053,818 41 Cynthia Fortune, Finance Director Approve Check Register No 07312015 in the amount $1,053,818 41, as submitted, which includes the Check Reaister Account Index for Fiscal Year 2015-16 2030 VISION STATEMENT This staff report supports Goal #1, "Ensuring Our Fiscal Viability", through the continuous monitoring of expenditure budgets, allocations and operational costs BACKGROUND The check register, for the period ending July 31, 2015, has been prepared in accordance with Government Code §37202 and is hereby submitted for the City Council's approval The check register lists all vendor payments for the preceding month, along with a brief description of the type of goods or services purchased and the account code(s) associated with each payment Check Register No 07312015 lists all payments made to vendors and employee reimbursements during the month of July The attached index to the Check Register is a guideline account list only and is not intended to replace the comprehensive chart of accounts used by the City and CRA Successor Agency Expenditure account number formats are XX-XXX-XXX [Fund - Department -Account] Expenditures may be made from trust/agency accounts (Fund 23-XXX-) or temporary clearing accounts which do not have a budgetary impact A total of $1,053,818 41 in accounts payable checks were issued during the period for services, reimbursements, supplies and contracts and are detailed in the attached check register Payments larger than $10,000 Check Payee Description Amount No 71781 California Joint Retro Adjustment — Liability Program $190,100 00 Powers Workers Compensation Packet 'Pg 129 Check No payee Description Amount 71781 California Retro Adjustment — Liability Program $190,100 00 Joint Powers Workers' Compensation The City belongs to the California Joint Powers Insurance Authority (JPIA) pool for general liability & workers' compensation insurance The prior method of calculating insurance habihty was based on a retrospective model and required funding levels of 50% The JPIA has changed their funding model, funding levels are expected to be at 75% & cost allocation will be consistent, unmodified from its original calculation regardless of subsequent claim development As a result of the change in funding model, the City's annual contribution increased 71809 CalPERS CalPERS Accrued Liability 266,167 00 The City belongs to CaIPERS retirement system CaIPERS changed their amortization methods impacting employer rates Based on the Actuarial provided by CaIPERS, the City's unfunded accrued liability totaled $275,968, however, if paid in lump sum, CaIPERS offered a discounted amount of $266,167, saving the City $9, 801 in interest charges 71812 Dumarc Refundable Deposit Construction & 12,600 00 Corporation Demolition Construction activities require at least 60% of construction waste be diverted from disposal (recycled) as required by Chapter 15 58 — Recycling & Diversion of Construction & Demolition (C&D) Waste of the City's Municipal Code and a deposit is required from the developer to ensure compliance Dumarc Corp has provided documentation showing that at least 60% of waste was recycled and/or diverted Dumarc Corp was refunded their deposit Packet Pg, 131 City of Grand Terrace Check Register Index No Fund Name 09 CHILD CARE FUND 10 GENERALFUND 11 STREET FUND 12 STORM DRAIN FUND 13 PARK FUND 14 AB 3229 COPS FUND 15 AIR QUALITY IMPROVEMENT FUND 16 GAS TAX FUND 17 TRAFFIC SAFETY FUND/ TDA FUND 19 FACILITIES DEVELOPMENT FUND 20 MEASUREIFUND 21 WASTE WATER DISPOSAL FUND 22 COMMUNITY DEV BLOCK GRANT 26 LSCPG/ LGHTG ASSESSMENT DIST 44 BIKE LANE CAPITAL FUND 46 STREET IMPROVEMENT PROJECTS 47 BARTON RD BRIDGE PROJECT 48 CAPITAL PROJECTS FUND 32 CRA-CAPITAL PROJECTS FUND 33 CRA-DEBT SERVICE FUND 34 CRA-LOW & MOD HOUSING pt No Department Name/Cost Center 110 CITY COUNCIL 120 CITY MANAGER 125 CITY CLERK 140 FINANCE 160 CITY ATTORNEY 172 BUILDING & SAFETY 175 PUBLIC WORKS 180 COMMUNITY EVENTS 185 RENTAL INSPECTION PROGRAM 187 ENFORCEMENT PROGRAM 190 GENERAL GOVERNMENT (NON-DEPT) 195 FACILITIES MAINTENANCE 370 COMMUNITY & ECONOMIC DEV 380 MGT INFORMATION SYSTEMS 410 LAW ENFORCEMENT 430 RECREATION SERVICES 440 CHILD CARE 450 PARKS MAINTENANCE 510 STREET & SIGNAL LIGHTING 600 WEST SIDE PARK 601 TRACT 14471 PICO & ORIOLE 602 FORREST CITY PHASE II 631 STORM DRAIN MAINTENANCE 801 PLANNING COMMISSION 802 CRIME PREVENTION UNIT 804 HISTORICAL & CULTURAL COMM 805 SENIOR CITIZENS PROGRAM 807 PARKS & REC COMMITTEE 808 EMERGENCY OPERATIONS PROG 110 SALARIES/WAGES 139 EMPLOYEES' BENEFIT PLAN 140 RETIREMENT 142 HEALTH/LIFE INSURANCE 143 WORKERS' COMPENSATION 138/141 MEDICARE / SUI 210 OFFICE EXPENSE 218-219 NON -CAPITAL FURN/SMALL TOOLS 220 SPECIAL DEPARTMENTAL EXP 230 ADVERTISING 235 COMMUNICATIONS 238-239 UTILITIES 240-242 RENTS & LEASES 245-246 MAINT BLDG GRNDS EQUIPMNT 250-251 PROFESSIONAL SERVICES 255-256 CONTRACTUAL SERVICES 260 INSURANCE & SURETY BONDS 265 MEMBERSHIPS & DUES 268 TRAINING 270 TRAVEL/CONFERENCES/MTGS 272 FUEL & VEHICLE MAINTENANCE 570 WASTEWATER TREATMENT 33-300 DEBT SERVICE 7XX FACILITIES IMPRV (NO CIP) 700 COMPUTER -RELATED 701 VEHICLES & EQUIPMENT Attachment A - Check Register Account Index (1763 Approval of Check Register No 07312015) 08/12/2015 1 14PM Check Register CITY OF GRAND TERRACE As of 7/31/2015 Page 2 Bank code bola Check # Date Vendor Invoice # Invoice Description Inv Date Amount Paid Check Total c N 71784 07/09/2015 LASCA CUSTOM CABINETS LASCA0305 EVERY 15 MINUTES PROP HEADSTONES 03/05/2015 n E 10 705 210-000-000 15000 C 15000 C Z 15000 71796 07/15/2015 ADT SECURITY SERVICES 554124814 1ST QTR SR CNTR SECURITY MONITORING 06/26/2015 N E 10 805 245-000-000 16083 16083 v 16083 .0 71797 07/1512015 ARROWHEAD UNITED WAY PR END 07/03/201E PR END 07/03/2015 CONTRIBUTIONS 07/15/2015 B 10 022-65-00 500 500 p 500 O. C. 71798 07/1512015 ATAND T J U N E 2015AT&T JULY PHONES & INTERNET SRVS 07/01/2015 Q E 09-440-235-000 000 1 19598 CO) E 10-190-235 000 000 70038 n E 10-450-235 000 000 17887 E 10-808-235 000 000 13984 - 221507 N 2 215 07 M P. 71799 07/15/2015 CALPERS 457 PLAN PR END 07/03/15 41 PR END 07/03/2015 CONTRIBUTIONS 07/15/2015 B 10 022-63-00 1 10629 N B 10-022 64-00 902 d 1 11531 1 11531 v d 71800 07/15/2015 DIANA FONSECA 07012015-DF REFUND TO RESIDENT CANCELLED PARK RESER 07/01/2015 'C U R 10 450 01 4000 m 4000 w 4000 71801 07/15/2015 LANCE SOLL & LUNGHARD LLP 15149 2015 GOVTAUDIT -INTERIM PROCEDURES 06/30/2015 v E 10 140-250 000 000 7 900 00 7 900 00 Q 7 900 00 Packet Pg 135 08/12/2015 1 14PM Check Register CITY OF GRAND TERRACE As of 7/31/2015 5b Page 4 u7 Check # Date Vendor Invoice # Invoice Description Inv Date Amount Paid Check Total c N 71809 07/17/2015 CALPERS 100000014566458 CALPERS ACCRUED LIABILITY 07/02/2015 T E 09-440-140 000 000 25 000 00 0 E 10-120-140-000 000 28 664 13 0 Z E 10-125-140-000-000 6 337 77 E 10-140-140 000-000 3 854 16 _ N E 10-172-140 000 000 8 942 36 p� E 10-175-140 000 000 14 375 51 E 10-185-140 000 000 1 77390 Y E 10-190-140 000 000 140 671 37 avi E 10-370-140 000 000 97610 U E 10-450-140-000 000 2 397 14 E 10-625-140-000-000 8 655 64 E 16 175-140-000-000 8 843 98 E 32-200-140-000-000 15 674 94 O. 266 167 00 CL Q 266 167 00 M 71810 07/22/2015 AMERICAN FIDELITY ASSURANCE CO B325037 JULY EMP PAID ACCIDENT/SUPP LIFE/SUPP STD 07/01/2015 ti B 23-250-20-00 46528 46528 46528 N M 71811 07/22/2015 CINTAS CORPORATION 150 150509324 C CARE RESTROOMS SUPPLIES 07/15/2015 c E 09-440-220 000 000 12339 d 12339 u 12339 d 71812 07/22/2015 DUMARC CORPORATION 07152015-DC REFUNDABLE DEPOSIT CONSTRUCTION & DEMOI 07/15/2015 cYi B 23-500-14-00 12 600 00 12 600 00 U 12 600 00 m 71813 07/22/2015 EYEMED FIDELITY SECURITY LIFE 5551109 JULY EMPLOYEE PAID VISION INSURANCE 07/22/2015 C B 10 022-61 00 7146 E 7146 7146 v Q PacketPg 137 08/12/2015 1 14PM Bank code bofa Check # Date Vendor Invoice # 71819 07/22/2015 PAY PLUS SOLUTIONS INC 5890 71820 07/22/2015 ROADRUNNER SELF STORAGE INC 18963 71821 07/22/2015 SB COUNTY SHERIFF 71822 07/22/2015 TW TELECOM 14809 07663178 Check Register CITY OF GRAND TERRACE As of 7/31/2015 Sb Page 6 Invoice Description Inv Date Amount Paid Check Total p N JULY-JAN CALPERS REPORTING E-TOOLS SUBSCI 07/01/2015 T- n E 10-140-255 000 000 58200 58200 C Z 58200 STORAGE RENTAL 07/17/2015 f N 5) E 10-140-241-000 000 12400 a) 12400 v 12400 U FY 2015-16 CAL ID ASSESSMENT FEE 07/06/2015 C E 10-410-258 000 000 13 636 35 — 13 636 35 13 636 35 Q. C. JULY PHONE 8 INTERNET SRVS 07/10/2015 Q E 10-190 235-000-000 1 297 92 1 297 92 n V- 1 29792 .. in V- O N T- M O L d F+ 9 Nd I.f. V Jr U m Packet Pg 139 08/12/2015 1 14PM Check Register CITY OF GRAND TERRACE As of 7/31/2015 Page 8 Bank code bofa Check # Date Vendor Invoice # Invoice Description Inv Date Amount Paid Check Total c N 71831 07/29/2015 PETTY CASH 06192015 CCPC REPLENISH C CARE PETTY CASH 07/17/2015 T E 09-440-220-000-000 7474 E 09-440-221-000-000 1936 C Z E 09-440-228-000-000 11965 E 09-441-220-000 000 8215 ____-- N 295 90 29590 W .�G 71832 07/29/2015 SB COUNTY INFORMATION 18220 JUNE PAGER ACCESS 06/30/2015 v m E 10-175-240 000 000 911 t U 911 p 911 71833 07/29/2015 SIEMENS INDUSTRY INC 5610008799 JUNE TRAFFIC SIGNAL MAINTENANCE 07/07/2015 a E 16-510 255-000-000 70200 Q 70200 70200 n 71834 07/29/2015 TODD PETERS ELECTRIC 0720015 02 LED LIGHTS FOR COUNCIL CHAMBERS 07/20/2015 v E 10-450-245 000 000 64600 - --- 64600 N 64600 M n 71835 07/29/2015 TRANSPORTATION ENGINEERING 1442 JUNE TRAFFIC ENGINEERING SRVS 06/29/2015 E 10-175-250-000 000 1 763 80 y_ 1 76380 5) d 1 763 80 W �C 71836 07/29/2015 VERIZON WIRELESS 9748158928 JUNMULY CDD/C CARE CELL PHONES 07/01/2015 E 09-440-235-000-000 4000 (� E 10 175-240-000-000 23743 27743 27743 71837 07/29/2015 ARROWHEAD UNITED WAY PR END 07/17/201E PR END 07/17/2015 CONTRIBUTIONS 07/17/2015 B 10 022-65 00 500 500 Q 500 Packet Pg 141 08/12/2015 1 14PM Check Register CITY OF GRAND TERRACE As of 7/31/2015 Page 10 Bank code bofa Check # Date Vendor Invoice # Invoice Description Inv Date Amount Paid Check Total c 71843 07/29/2015 MIDAMERICAADMIN & RETIRE PR END 07/17/15A PR END 07/17/15 CONTRIBUTIONS 07/17/2015 B 10 022-68 00 12317 0 12317 C Z 12317 71844 07/29/2015 JACQUELINE MITCHELL JULY 2015 JM JULY HEALTH INSURANCE REIM-MITCHELL 07/24/2015 N 0) E 10-110-142-000 000 22500 � 22500 v 22500 71845 07/29/2015 GOVERNMENTJOBS COM INC NEOGOV INV 15434 INSIGHT SOFTWARE SETUP TRAINING 07/14/2015 0 E 10-120-210 000 000 7 050 00 — 7 050 00 C 7 050 00 CL sZ 71846 07/29/2015 PUBLIC EMPLOYEES RETIREMENT PR END 07/01/15 P PR END 07/01/15 CONTRIBUTIONS 07/01/2015 Q B 10-022-62-00 24 477 82 LO 24 477 82 n T PR END 07/17/15 P PR END 07/17/15 CONTRIBUTIONS 07/17/2015 .. B 10-022-62-00 8 044 94 N C 8 044 94 N r 32 522 76 0 71847 07/29/2015 THE COMPUTERIZED EMBROIDERY CO 18953 MAINTENANCE R MORALES 4 GT LOGO WORK SH 07/09/2015 L d r E 10-175-218-000 000 18429 N a� 18429 18429 Y c.� 71848 07/29/2015 TIME WARNER CABLE 844840 3825 JULY CABLE SRVS CITY HALL 07/15/2015 E 10-805-238-000-000 5891 V 5891 m 5891 d 71849 07/29/2015 VOLOGY CM 20463 VOLOGY _ E E 10-380-701-000-000 -484 47 v -484 47 Q Packet Pg 143 AGENDA REPOR I MEETING DATE August 25, 2015 Council Item TITLE Monthly Financial Report for June 2015 PRESENTED BY Cynthia Fortune, Finance Director RECOMMENDATION Receive and file the Monthly Financial Report for the period ending June 30, 2015 2030 VISION STATEMENT This staff report supports City Council Goal #1, "Ensure Our Fiscal Viability," through the continuous monitoring of revenue receipts and expenditure disbursements against approved budget appropriations BACKGROUND The Finance Department has developed a Monthly Financial Report (MFR), which will be submitted to the City Council each month The attached MFR is for the period ending June 30, 2015 The purpose of the MFR is to identify actual revenues received, and expenditures incurred, for the current fiscal year and compare them to the Approved Budget and fiscal year-to-date (YTD) expected amounts, however, since the submittal of the Mid -Year Budget Review to City Council on March 24, 2015, the MFR has been revised to compare monthly expected receipts and expenditures, and actuals to year-end projections The MFR still includes the approved budgets and any adjustments made to the approved budgets, if any The MFR encompasses the City's two major funds General Fund and Child Care Fund DISCUSSION The Fiscal Year (FY) 2014-15 Approved Budget amounts are presented in the attached MFR for reference purposes Any adjustments to the Approved Budget that may occur during the fiscal year will also be reflected in the report The "expected" revenues reflect a multi -year analysis of revenue receipts that have, historically, been received as of this month in the fiscal year The resulting positive or negative variances shown in the MFR are in comparison to these "expected" receipts The timing of expenditures is more evenly distributed during the fiscal year than revenue receipts, however, it is not entirely straight-line in nature For example, some months have three pay periods rather than two Also, debt service payments are only made twice a year Additionally, certain expenditure postings, such as the cost allocation plan, are made quarterly rather than monthly All of these factors are Packet Pg 145 • Sales Tax ➢ The net decrease in sales tax of 9 6% occurred due to the relocation of One Source Distributors/Essco, • Charges for Services ➢ The increase in charges for services were due to the following W Description Amount Sheriff's Overtime costs reimbursed by CalTrans for public safety services provided during the F 215/Barton Road construction $20,133 Increase in Budding & Safety Plan Review receipts 23,302 Increase in Rental Inspection Fees 4,340 Total SALM • Fines and Forfeitures ➢ In order to provide adequate street sweeping services, the City has maintained an active level of parking enforcement throughout the year, resulting in increased fines revenues • Miscellaneous Revenue ➢ Total property taxes of $1,515,189 are 7 7% higher than expected receipts due to increased property valuations and increased collections, Expenditures General Fund expenditures of $4,373,923 are below the expected amount of $4,450,247, reflecting a positive variance of $76,323 Significant variances are detailed below • Salary savings achieved due to ➢ Several positions being vacant in two departments (City Manager's Office and the Community Development Department) throughout the fiscal year • Net increase in benefit costs of $85,969 are due to the change in funding allocations for the City's retirement liability The City has the following outstanding obligations with the California Public Employees Retirement System (CaIPERS Description Cltv Liabilitv Annual Amount City's share of Pre-2013 pool unfunded accrued liability 1,642,376 120,284 Side Fund Additional contribution for underfunded accounts/plans $925,545 $138,653 City's share of (Gain/Loss 11210.876 17 031 $275 968 Total $3,778,799 In addition to the annual required employer retirement share (estimated annual amount of $150,000), CaIPERS changed their required annual funding Packet P9 147 Additional information on the City's financial statements and year-end activities for FY2014-15, Propose uses for the net surplus for one-time programs and/or introduce new programs with matching revenues, and City Council has expressed interest in providing funding for additional community services which include, ➢ Increased public safety, ➢ Part-time weekend code enforcement, ➢ Enhancement of youth programs, and ➢ Elimination of employee furloughs (this is an ongoing operational expenditure and not a one-time expense) CHILD CARE FUND The Child Care Fund's revenue receipts of $1,116,708 are slightly below the expected level of $1,125,000 due to the reduction in the number of children attendees, mostly in the Pre -School Program Expenditures of $1,270,297 exceeded the expected amount of $1,141,804 due to the retirement payout ($23,000) to the former Child Care Services Director and the Child Care's share of CalPERS accrued retirement liability The Child Care Fund's share of the $266,167 totaled $120,395 Child Care Fund Revenue & Expense Statement Description Amount Revenues, actuals as of June 30, 2015 $1,116,708 Expenditures, actuals as of June 30, 2015 1.270.297 Net Surplus/(Deficit) The City's Child Care Fund has an unaudited deficit of ($153,589) for the fiscal year ended on June 30, 2015 The CalPERS calculation assumes that most City employees are classic employees, however in relation to Child Care Services, most employees are PEPRA employees subject to a lower retirement contribution rate It is anticipated that Child Care's 2015-16 retirement budget will cover the CaIPERS accrued retirement liability During the 1st quarter review, staff will present additional information on the Child Care Fund's financial statements and year-end activities ATTACHMENTS • Monthly Financial Report June 2015 APPROVALS Cynthia Fortune Completed Finance Completed City Attorney Completed (PDF) 08/18/2015 8 59 PM 08/18/2015 9 06 PM 08/19/2015 3 58 PM Packet Pg 149 �6a City of Grand Terrace Monthly Financial Report For the Period Ending June 30, 2015 Packet Pg „151 0 m z m ji4 c z v m m z c m Attachment Monthly Financial Report June 2015 (1755 Monthly Financial Report for June 2015) City of Grand Terrace FY 2014-15 General Fund Monthly Financial Report For the Period Ending June 30, 2015 Positive (Negative) June Variance YTD June YTo from Approved Expected YTD % YTD Revenue Budget Receipts Actuals actuats Expected Property -Tax 1414000 1 407,100 1,515189 1077% 108089 Residual Receipts - RPTTF 306 370 760 256 761,318 too 1% 1 062 Franchise Fees 480 000 478 000 499 828 104 6% 21 828 2 Licenses Fees & Permits 290 900 284,890 305 877 1074% 20,987 3 Sales Tax 1,047,000 843 960 763 151 90 4% (80 809) 4 Intergovernmental Revenue/Grants 35 000 14 999 14,762 98 4% (237) Charges for Services 81 200 78 000 127 937 164 0% 49,937 6 Fines & Forfeitures 25,000 25 000 53 825 2153% 28,825 6 Miscellaneous 5 000 8,800 54 418 618 4% 45 618 Use of Money & Property 25 000 18 500 22 476 121 5% 3 976 Waste Water Receipts 700,000 700,000 700,000 too o% 0 4 409 470 4 619 505 4 818 781 104 3% 180 049 I Increase in Property Taxes are due to increase in property valuations and increased collections 2 Franchise Fees show an increase of 4 6% over expected revenues 3 Increase to Licenses, Fees & Permits are due to the opening of various business including McDonalds 4 Decrease in Sales Tax are due to the relocation of One Source/Essco 6 Increase in Charges for Services are for the reimbursement of Sheriff overtime reimbursed by CalTrans during the 215/Barton Road construction and increased Budding & Safety Plan reviews 6 Increase in Fines & Forfeitures are due to an active level of parking enforcement Increase in miscellaneous revenue due to the reimbursement of state mandated claims (SB90) submitted to the State Controller's Office prior to 2004 P-ea 5 ., 28 Packet Pg 155 REVENUE - Sales Tax $230 431 JUN 198 192 $57 100 MAY $179 907 $4 90o APR W$42 500 $ 6232 MAR $90 9 $60300 FEB $4 600 $154 048 JAN 146 377 $0 DEC $91 68 $73 900 NOV $58 800 $55 400 OCTZ$4 100 941 SEP $62 786 $o AUG $0 t $0 ~ JUL w $0 50 000 100 000 150 000 200 000 250 000 ® 2014 15 A«..ei. ❑ 2013 14 A.—t. In W ti T 24 P 7 28 Packet Pg 157 REVENUE - Franchise Fees t\\\\\\\\t.\\.\\\\�.\\`4\\\\\\\\\\\\\,\\\\\ I� INIMM\\M\\``\MMON ww$26404 3954 -162 I �\\\�\MIM Boole P 9 28 Packet Pg 15791 00 v m X m z Gi rn z rn r wn z v m m z v c m 0 Attachment Monthly Financial Report June 2015 (1755 Monthly Financial Report for June 2015) vii Parks Maintenance viii Storm Drain Maintenance ix National Pollutant Discharge Elimination System (NPDES) x Planning Commission Paga 13 or 28 LO a Packet Pg 1673 EXPENDITURE - General Government JUN $1 P 15 28 Packet Pg 165 EXPENDITURE - Finance ff:%frr.%;%fffr•'rf}ifffiffi %ffffff{ffrffiifff:% f:•fr:•fr%f�ffrffrff�{ffff{ffrri{fr{f:{r::r............::—.... r frrr frr: rrr f;frr'r'•�rffrrrrrff � �"•:xrr: f: {: r-:.�• f rf,rrfff: rfrrvf%f...rfr::%f{rrrrfrrrri i fr}rffY:%: ii f::% ?i i i 1 ��jj�"�jj rfff: rfrrr it{i:•srsssrsiisff f:{f:frs,.`•s}.`•fy{:rri`rfr% r;f;fr>frf'frr{ {�}rrrirrf `f }rims=fr•.`•i r `rj }`r=:tiri`r`r`r.`•i} !fr r fr{ff:%leiffi:is}f%ff}rri:rk:r r riff:':, . 381 :%frr rir:% f r rf.'•f. a: :: r.•.•rxx: x. vfff:%ff ffffff:•'rff'rfffffff ff ffff:%:%:•r:: x:r:: r:::. $r 1: v�r; � SSiiiii:: ii:i syr;rrxrx: «„•;«rrr: «rrr., 8273 111714 f:•fifr• }: fff`rffififrir%ff:•}i i f}ii:•if:•ifi:•fit'riiii:•%ffiffifffifrfM1`v`ffJf`r`rfif}`fir`fi`r'r:ffi'f�?iiifi irirfifJJffiri f!: r:•r:•r: is:•'r'r: r'r�fi �r��i}: JJ r77::-J'r:7rrr7JJ7J:rR7JJ7}i7J7}7?-r?7}}?}7?}? J: r: •r • •rrr � ::_ r rrr:•:r-'r,:i-: r: : ; : ; .................... :ss: rri fi ffffr:'ffi%f%%tiff flit%h'%ffffi%%,'.J3�f�� ?ffffffhlffffizz,,zf?:YCzz,Simlfffiffffi�Jfffffffff!lfi: 1 • , r ` r :L22Lh:.:LLJ_L•:Li•:i•:L22L.:i LLLri 2.:i•:iii•:Liii •:ii i.:Ln X?ff2•:2??fflf{ti•:•;2?frriff`LrLf?::err f}iNf}i •ffr� : L{i O N d C 7 O O Q d (4 C1 C R C LL _A t CO C LO9 LO Lo Ic- N 4, O Q N0) I.L :.i C C LL A t r C O C d E L 0 eC P 17 28 Packet Pg 167 m N W 00 0 m 0 O X G) m z m r mn c z v m x ma m z v c ;o m Attachment Monthly Financial Report June 2015 (1755 Monthly Financial Report for June 2015) EXPENDITURE - Salaries JUN MAY 91 028 52 455 APR MAR�.y��. FEB $123914 51 656 $102625 _•�b � s.u'�dR` S��S'rTM.0 +1Yi �y1 4ES..+rA^` � L,t,-bk_ _b5"'t�. a'r)5. ,..r ."' 50 350 $109483 52 637 a� $99 834 7 909 JAN DEC NOV OCT SEP -`�' fr°',<,'+y�w"'.,s+?� �;"��`wa«e5+`c _ F+. 'v f a' '"d�' .aiS,s:.:.� • �i ` d +.r.�' 3�:. $127 673 17331 i 12 434 id. �� � ,�� $ Vv r��`�x NO 48 890 ��rr��tyyyy 55yy 50 644 $85405 47 975 ' 80465 $69792 AUG JUL r '''t4T-+., ✓ '1 ,> +,�1 h ' "'a^ �d� • o-k�a .. ;:.., of ..S�.h s,-�. t� � .o-<, r'"�.r�, �: y.�a'�r r $124 312 31 794 04 ..t— d — � ,.,..e, s'-^ $82583 20 000 40 000 60 000 80 000 100 000 120 000 140 000 03 2014 15 A.—i © 2013 14 A.—.i. Lo 1- r Q P 21 28 Packet Pg 171 EXPENDITURE - Professional/Contractual Services JUN $400 951 r, ' rs $357 54 MAY $8 763 $506 881 t, ` " r S411208 APR $66 861 MAR $209 683 " r $ 90 901 FEB 753 $1 �'` $1 4 652 JAN 4 303 ! ' £^ i S4 $158 797 DEC —' $98305 $110 862 $109 616 NOV $175 18 $260 929 OCT $75 4 1 SEP 4 1 T I lr $258 492 $342 479 $37827 i AUG x $341 232 i JUL $317 366 $14 219 100 000 200 000 300 000 400 000 500 000 600 000 ❑ 2014 15 A.—... E 2013 14 A.t .— N U) ti T P 23 28 ,Packet Pg 173 N Cil N OD X m m z c m z v m m z v c X m 0 r v 0 m c z v Attachment Monthly Financial Report June 2015 (1755 Monthly Financial Report for June 2015) REVENUE - Child Care 108237 11 1: w; 4 ;1:"F['�.'' +Fx JI^v':.• 104743 783 3r''"'� � yyY" - r -: y�l -�',= � � b'x� •+� , ��^ -'i snvtitisi ..•ST ,,, . 81148 82112 1 04 P 27 28 Packet Pg 177