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04/04/2012 ;rw OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE GRAND TERRACE ciffmmapzacQ COMMUNITY REDEVELOPMENT AGENCY HD mecca AGENDA Council Chambers Special Meeting Wednesday, April 4, 2012 4:00 p m. Grand Terrace Civic Center—22795 Barton Road, Grand Terrace If you wish to address the Oversight Board during the meeting, please complete a request to speak form at the entrance and present it to the Secretary Speakers will be called upon by the Chairman at the appropriate time. • Introduction of Board Members and Staff • Oath of Office CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CONFIRMATION OF AGENDA INFORMATIONAL ITEMS • Purpose of the Oversight Board and the Brown Act • Overview of the Former Grand Terrace Community Redevelopment Agency NEW BUSINESS 1. Election of Chairman and Vice-Chairman 2. Resolution Designating a Member of the Oversight Board as the Contact Person to the Department of Finance 3. Resolution Adopting a Conflict of Interest Code 4. Resolution Establishing the Date, Time and Location for meetings of the Oversight Board of the Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace 5. Resolutions Adopting Bylaws and Rules of Procedure for the Oversight Board 6. Oversight Board Approval for the City Wide Master Storm Water Study and Design of Roadway Improvements to Michigan Street 7. Recognized Obligation Payment Schedule—January 1, 2012 to June 30, 2012 8. Recognized Obligation Payment Schedule—July 1, 2012 to December 31, 2012 PUBLIC COMMENT This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Please limit your comments to three minutes. When addressing the Oversight Board, please state your name and address for the record CHAIRMAN AND BOARD MEMBER REPORTS ADJOURN 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 ANY DOCUMENTS PROVIDED TO A MAJORITY OF THE OVERSIGHT BOARD 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.CITYOFGRANDTERRACE.ORG f AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss. CITY OF GRAND TERRACE ) I, TRACEY R MARTINEZ, City Clerk of the City of Grand Terrace, being first duly sworn, depose and say: That I, at all times herein mentioned, was and now am the duly qualified City Clerk of Grand Terrace, State of California; that on the 29th day of March, 2012, caused to be posted in three conspicuous places, as required by law, the following: Agenda for the Oversight Board of the Successor Agency to the Grand Terrace Community Redevelopment Agency for the Meeting that is scheduled to be held on Wednesday, April 4, 2012. (1) City Hall (2) Child Care Center (3) Grand Terrace Branch Library TRACEY R MARTINEZ CITY.CLERK B /, Tracey -: Ma Inez s N Ga ¢ AGENDA REPORT - OVERSIGHT BOARD HO¢Mpva OO MEETING DATE: April 4, 2012 TITLE: Purpose of the Oversight Board and the Brown Act RECOMMENDATION: For informational purposes; no action required. BACKGROUND AND DISCUSSION: Purpose of the Oversight Board California Health & Safety Code Section 34179, the Dissolution Act (Attachment 1) requires the formation of oversight boards to the successor agencies of the former redevelopment agencies; defines the composition of the oversight board; defines what constitutes a quorum; that an oversight boards must comply with the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act of 1974; and that oversight boards have a fiduciary responsibility to holders of enforceable obligations and the taxing entities that benefit from distributions of property tax and other revenue. Section 34179 also describes the membership of the Oversight Board. The Community Redevelopment Agency of the City of Grand Terrace ("Agency") had been very active in community development, capital project, affordable housing and economic development programs. As required by the new legislation, on January 10, 2012, the City of Grand Terrace took action to become and serve as the "Successor Agency" upon the dissolution of the Agency. When the Agency dissolved as of February 1, 2012, the City of Grand Terrace began to act and serve as the Successor Agency and the Grand Terrace Housing Authority assumed the housing assets and functions of the former Agency. Health & Safety Code Section 34180 (Attachment 2) defines the first successor agency actions to be reviewed and approved by an oversight board. Specific subsections that apply to the City of Grand Terrace include: (c) Setting aside amounts in reserve as required by bond indentures, trust indentures, or similar documents governing the issuance of outstanding redevelopment agency bonds; and, (g) Establishment of the Recognized Obligation Payment Schedule ("ROPS"). Health & Safety Code Section 34181 requires an oversight board to direct the successor agency to take certain actions, which are listed in Attachment 2, and include completion of projects and responsible disposal of the former Agency's assets. Staff of the Successor Agency recognizes the detail and complexity involved with various WILL BE POSTED ON THE CITY'S WEBSITE AT WWW.CITYOFGRANDTERRACE.ORG actions required, however, to comply with direction from the California Department of Finance ("DOF"), the ROPS must be approved by the Oversight Board and submitted to DOF on or before April 15, 2012. Therefore, the Successor Agency's ROPS is being submitted to the Board for approval during the meeting of April 4, 2012, as described in item 1 below. Item 2 below, an administrative budget, will be presented to the Board at a future meeting. 1. Recognized Obligation Payment Schedules ("ROPS") — one for the period January 2012 through June 2012; and one for the period of July 2012 through December 2012. These schedules list the enforceable obligations of the former redevelopment agency, including payments related to contracts and agreements; project-specific costs; bond payments; and other miscellaneous payments. 2. Successor Agency Administrative Budget—ABx1 26 (the Dissolution Act) provides for an administrative allowance to allow a successor agency to wind down the former redevelopment agency and administer an oversight board. The allowance covers day-to-day administration, including staff time, attorney and consultant time, rent, supplies, audit fees, record-keeping costs, etc. The Dissolution Act allows 5% of the eligible amount for the fiscal year 2011-2012 ROPS for administrative costs, and then 3% of the ROPS for the following fiscal years, with a minimum of $250,000 per fiscal year.. Regarding the foregoing items, Successor Agency staff is prepared to answer questions concerning those matters listed on the ROPS. In addition, Successor Agency Staff will comment upon the financial status, bond debt, assets, and actions of the former Agency so that the Oversight Board has the information and background needed to review the Agency's transactions. Brown Act The Brown Act is found in California Government Code Section 54950 et seq. The intent of the Brown Act is to ensure local government agencies conduct their deliberations and actions openly. The Oversight Board's activities are subject to the Brown Act, and staff has attached a summary for the Board's information (Attachment 3). The summary includes such topics as categories of meetings, meeting locations, agenda requirements, rights of the public and meeting records. Legal Counsel will be present at the April 4, 2012 meeting and will address any questions. FISCAL IMPACT: The Successor Agency has incurred administrative expenses and legal fees in the preparation of the documents presented to the Oversight Board. The Successor Agency is entitled to reimbursement for the costs related to the Oversight Board. Respectfully submitted, ,/‘‘ /( 7-4g4 \r", Bets VM. Adams Executive Director, Successor Agency Attachments: 1. Health and Safety Code Section 34179 (Composition of the Board) 2. Health and Safety Code Section 34180 and 34181 (Oversight Board's approval of Successor Agency's actions and direction to the Successor Agency) 3. Brown Act Summary Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: Agenda for the Oversight Board of the Successor Agency to the Grand Terrace Community Redevelopment Agency for the Meeting that is scheduled to be held on Wednesday, April 4, 2012. (1) City Hall (2) Child Care Center (3) Grand Terrace Branch Library TRACEY R MARTINEZ CITY.CLERK B /, Tracey -: Ma Inez s ATTACHMENT NO. 1 Health and Safety Code Section 34179 ets VM. Adams Executive Director, Successor Agency Attachments: 1. Health and Safety Code Section 34179 (Composition of the Board) 2. Health and Safety Code Section 34180 and 34181 (Oversight Board's approval of Successor Agency's actions and direction to the Successor Agency) 3. Brown Act Summary Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: Agenda for the Oversight Board of the Successor Agency to the Grand Terrace Community Redevelopment Agency for the Meeting that is scheduled to be held on Wednesday, April 4, 2012. (1) City Hall (2) Child Care Center (3) Grand Terrace Branch Library TRACEY R MARTINEZ CITY.CLERK B /, Tracey -: Ma Inez s ATTACHMENT 1 Chapter 4. Oversight Boards 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 January 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) 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 of the type of special district that is eligible to receive property tax revenues pursuant to Section 34188. (4) One member appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed,then the appointment made pursuant to this paragraph shall be made by the county board of education. (5) One member appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. (6) One member of the public appointed by the county board of supervisors. (7) One member representing the employees of the former redevelopment agency appointed by the mayor or chair of the board of supervisors, as the case may be, from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time. (8) If the county or a joint powers agency formed the redevelopment agency, then the largest city by acreage in the territorial jurisdiction of the former redevelopment agency may select one member. If there are no cities with territory in a project area of the redevelopment agency,the county superintendent of education may appoint an additional member to represent the public. (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) Where 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 tive expenses and legal fees in the preparation of the documents presented to the Oversight Board. The Successor Agency is entitled to reimbursement for the costs related to the Oversight Board. members selected as follows: three members appointed by the mayor of the city, where such 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 where such an 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. (b) The Governor may appoint individuals to fill any oversight board member position described in subdivision(a)that has not been filled by January 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 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 administrative budget. Oversight board members shall serve without compensation or reimbursement for expenses. (d) Oversight board members shall have personal immunity from suit for their actions taken within the scope of their responsibilities as oversight board members. (e) A majority of the total membership of the oversight board shall constitute a quorum for the transaction of business. A majority vote of the total membership of the oversight board is required for the oversight board to take action. The oversight board shall be deemed to be a local entity for purposes of the Ralph M. Brown Act,the California Public Records Act, and the Political Reform Act of 1974. (f) All notices required by law for proposed oversight board actions shall also be posted on the successor agency's Internet Web site or the oversight board's Internet Web site. (g) Each member of an oversight board shall serve at the pleasure of the entity that appointed such member. (h) The Department of Finance may review an oversight board action taken pursuant to the act adding this part. As such,all oversight board actions shall not be effective for three business days,pending a request for review by the department. Each oversight board shall designate an official to whom the department may make such 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. In the event that the department requests a review of a given oversight board action,it shall have 10 days from the date of its request to approve the oversight board action or return it to the oversight board for reconsideration and such 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. (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. (j) Commencing on and after July 1,2016, in each county where more than one oversight board was created by operation of the act adding this part,there shall be only one oversight board appointed as follows: (1) One member may be appointed by the county board of supervisors. (2) One member may be appointed by the city selection committee established pursuant to Section 50270 of the Government Code. In a city and county,the mayor may appoint one member. (3) One member may be appointed by the independent special district selection committee established pursuant to Section 56332 of the Government Code, for the types of special districts that are eligible to receive property tax revenues pursuant to Section 34188. (4) One member may be appointed by the county superintendent of education to represent schools if the superintendent is elected. If the county superintendent of education is appointed,then the appointment made pursuant to this paragraph shall be made by the county board of education. (5) One member may be appointed by the Chancellor of the California Community Colleges to represent community college districts in the county. (6) One member of the public may be appointed by the county board of supervisors. (7) One member may be appointed by the recognized employee organization representing the largest number of successor agency employees in the county. uch,all oversight board actions shall not be effective for three business days,pending a request for review by the department. Each oversight board shall designate an official to whom the department may make such 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 (k) The Governor may appoint individuals to fill any oversight board member , position described in subdivision(j)that has not been filled by July 15, 2016, or any member position that remains vacant for more than 60 days. (1) 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 shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid. 4, 2012. (1) City Hall (2) Child Care Center (3) Grand Terrace Branch Library TRACEY R MARTINEZ CITY.CLERK B /, Tracey -: Ma Inez s ATTACHMENT NO. 2 Health and Safety Code Sections 34180 and 34181 ber , position described in subdivision(j)that has not been filled by July 15, 2016, or any member position that remains vacant for more than 60 days. (1) 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 shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid. 4, 2012. (1) City Hall (2) Child Care Center (3) Grand Terrace Branch Library TRACEY R MARTINEZ CITY.CLERK B /, Tracey -: Ma Inez s 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, (b) Refunding of outstanding bonds or other debt of the former redevelopment agency by successor agencies in order to provide for savings or to finance debt service spikes;provided,however,that no additional debt is created and debt service is not accelerated, (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 project areas. (e) Continuing the acceptance of federal or state grants, or other forms of financial assistance from-either public or private sources,where 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 the county assessor. (g) Establishment of the Recognized Obligation Payment Schedule. (h) A request by the successor agency to enter into an agreement with the city, county, or city and county that formed the redevelopment agency that it is succeeding. (i) A request by a successor agency or taxing entity to pledge, or to enter into an agreement for the pledge of property tax revenues pursuant to subdivision(b)of Section 34178. 34181. The oversight board shall direct the successor agency to do all of the following: (a) Dispose of all assets and properties of the former redevelopment agency that were funded by tax increment revenues of the dissolved redevelopment agency; provided, however,that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings,parks, and fire stations,to the appropriate public ,all oversight board actions shall not be effective for three business days,pending a request for review by the department. Each oversight board shall designate an official to whom the department may make such 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 jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. Any compensation to be provided to the successor agency for the transfer of the asset shall be governed by the agreements relating to the construction or use of that asset. Disposal shall be done expeditiously and in a manner aimed at maximizing value. (b) Cease performance in connection with and terminate all existing agreements that do not qualify as enforceable obligations. (c) Transfer housing responsibilities and all rights,powers, duties, and obligations along with any amounts on deposit in the Low and Moderate Income Housing Fund to the appropriate entity 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 such agreements where it finds that amendments or early termination would be in the best interests of the taxing entities. g) Establishment of the Recognized Obligation Payment Schedule. (h) A request by the successor agency to enter into an agreement with the city, county, or city and county that formed the redevelopment agency that it is succeeding. (i) A request by a successor agency or taxing entity to pledge, or to enter into an agreement for the pledge of property tax revenues pursuant to subdivision(b)of Section 34178. 34181. The oversight board shall direct the successor agency to do all of the following: (a) Dispose of all assets and properties of the former redevelopment agency that were funded by tax increment revenues of the dissolved redevelopment agency; provided, however,that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings,parks, and fire stations,to the appropriate public ,all oversight board actions shall not be effective for three business days,pending a request for review by the department. Each oversight board shall designate an official to whom the department may make such 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 ATTACHMENT NO. 3 Brown Act Summary tions 34180 and 34181 ber , position described in subdivision(j)that has not been filled by July 15, 2016, or any member position that remains vacant for more than 60 days. (1) 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 shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid. 4, 2012. (1) City Hall (2) Child Care Center (3) Grand Terrace Branch Library TRACEY R MARTINEZ CITY.CLERK B /, Tracey -: Ma Inez s BROWN ACT SUMMARY OVERVIEW OF THE BROWN ACT A. Introduction. The Brown Act(which is found at Government Code Section 54950 et seq.)seeks to ensure that the deliberations and actions of local governmental entities are taken openly in a public meeting where all persons are permitted to attend. The Brown Act was originally enacted in 1953. B. Basic Rule and Purpose. 1. Legislative Declaration: "In enacting this chapter,the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business.It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly." 2. Basic Rule: "All meetings of the legislative body of a local agency shall be open and public,and all persons shall be permitted to attend any meeting of the legislative body." 3. Key components of the Brown Act: Compliance with the Brown Act involves an understanding or the meaning and application of the following key terms: a. Legislative Body b. Meetings c. Open and Public d. All Persons Permitted to Attend II. AGENCIES AND ORGANIZATIONS COVERED/LEGISLATIVE BODIES A. What Is a Legislative Body? The Act applies to the"legislative bodies"of all local agencies in California,e.g.; councils, boards,commissions and committees.The Act does not apply to individual decision makers who board may approve any amendments to or early termination of such agreements where it finds that amendments or early termination would be in the best interests of the taxing entities. g) Establishment of the Recognized Obligation Payment Schedule. (h) A request by the successor agency to enter into an agreement with the city, county, or city and county that formed the redevelopment agency that it is succeeding. (i) A request by a successor agency or taxing entity to pledge, or to enter into an agreement for the pledge of property tax revenues pursuant to subdivision(b)of Section 34178. 34181. The oversight board shall direct the successor agency to do all of the following: (a) Dispose of all assets and properties of the former redevelopment agency that were funded by tax increment revenues of the dissolved redevelopment agency; provided, however,that the oversight board may instead direct the successor agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings,parks, and fire stations,to the appropriate public ,all oversight board actions shall not be effective for three business days,pending a request for review by the department. Each oversight board shall designate an official to whom the department may make such 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 are not elected or appointed members of legislative bodies such as agency or department heads when they meet with staff,advisors, colleagues or anyone else. Local agencies include all cities, counties, school districts, and special districts. State agencies are covered by a similar,but separate, law,the Bagley-Keene Act. The governing body of a local agency is the most basic type of"legislative body"covered by the Act.In addition,subsidiary bodies created by the governing body are also covered in most instances.As a general rule, any board,commission,committee or other body created by charter, ordinance,resolution or formal action of a legislative body is itself a"legislative body",whether permanent or temporary, advisory or decision-making. 1. Ad hoc v. Standing Committees A"standing committee"has either"continuing subject matter jurisdiction"or a regular meeting time and is comprised solely of less than a quorum of members of the body.It is covered by the Act. At VTA,the four Board standing committees(plus a fifth being developed), and each advisory committee, constitutes a"standing committee"under the Act. An"ad hoc"committee has a specific task or assignment and the Committee does not survive completion of the task and is comprised solely of less than a quorum of the members of the body.An ad hoc committee is not subject to the Act. M. MEETINGS COVERED A. Definition of Meeting. A"meeting"includes a gathering of a majority of the members of a legislative body to hear, discuss, deliberate or take action upon any item which is within its subject matter jurisdiction. (§ 54952.2(a))As defined,the term meeting is not limited to gatherings at which action is taken but also includes deliberative gatherings as well. B. Means of Communication. Serial meetings. Members of the body do not need to congregate at the same time and place to "meet."The Brown Act prohibits a majority of a body from meeting serially outside of a meeting to discuss and deliberate on issues coming before the body, or that are even within the jurisdiction of the legislative body. Therefore,under the Act,a meeting includes any use of direct communication,personal intermediaries,or technological devices which are employed by a majority of the members of the legislative body to discuss or deliberate on issues within its jurisdiction. 1. A serial meeting can occur in two ways: a. Chain: If member A contacts member B, and B contacts member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 develop a collective concurrence, or communicate each member's respective positions on an issue within the body's jurisdiction. C. What Is Not A Meeting? 1. The six exceptions: a. Individual contacts or conversations b. Conference or seminar c. Other organization or community group's open&publicized meeting d. Other legislative body's meeting e. Purely social or ceremonial f. Attendance as observers of a standing committee IV. NOTICE,AGENDA AND MEETING REQUIREMENTS A. Categories of Meetings Subject to the Brown Act. 1. Regular Meetings: Regular meetings of the legislative body, excluding advisory committees and standing committees,must be held at the time and place set by ordinance, resolution, or bylaws. (§ 54954(a).) 2. Special Meetings: a. The presiding officer or a majority of the legislative body may call a special meeting at any time. b. Written notice must be delivered to each member of the legislative body(unless waived in writing by that member) and to each local newspaper of general circulation,and to each radio or television station which has requested such notice in writing at least 24 hours before the time of the meeting. c. Only the business set forth in the notice may be considered at the meeting. B. Exceptions to Open Meetings: Closed Sessions. 1. Basis for closed sessions—must be express statutory authority a. Litigation(pending or anticipated) b. Personnel(evaluations, discipline, and labor negotiations) c. Real estate negotiations(price and terms of payment) 1. Who may attend? Negotiators, agency attorney, other personnel with an essential role—never adverse party 2. Must minutes be taken? No—but some record of the actions taken in closed session good idea, and a court may order closed session recorded under certain circumstances same time and place to "meet."The Brown Act prohibits a majority of a body from meeting serially outside of a meeting to discuss and deliberate on issues coming before the body, or that are even within the jurisdiction of the legislative body. Therefore,under the Act,a meeting includes any use of direct communication,personal intermediaries,or technological devices which are employed by a majority of the members of the legislative body to discuss or deliberate on issues within its jurisdiction. 1. A serial meeting can occur in two ways: a. Chain: If member A contacts member B, and B contacts member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 3. Reporting from closed sessions Only certain actions are"reportable"under the Act 4. Information shared in closed session is confidential and may not be divulged—remedies include injunctive relief,disciplinary action C. Location of Meetings. Regular and special meetings of a legislative body must generally be held within the boundaries of the agency's jurisdiction.Exceptions include attendance at multi-agency meetings or discussions.Teleconferencing of less than a quorum of members allowed with special notices and posting. D. Agenda Requirements. 1. General Rules: a. A written agenda must be prepared for each regular, special or adjourned meeting of the legislative body. b. The agenda must be posted at least 72 hours in advance of a regular meeting and 24 hours before a special meeting. c. Each item of business to be transacted or discussed, including items to be discussed in closed session,must be the subject of a brief general description, which generally need not exceed 20 words. Descriptions should be sufficient for an average citizen to decide whether he or she is interested in attending the meeting. d. Closed session items are listed using the safe harbor language contained in the Act. e. The agenda listing of the action to be taken must be followed, and designation of an"Information"(rather than an"Action") item controls, i.e. body cannot take action on an item designated as informational only. [Reported case: Agenda listing of"(high) school site change"allowed decision to change site but did not allow action to discontinue elementary school education at new site or transfer of students to another elementary school(closure actions)—inadequate notice and misleading to public.] 2. Non-Agenda Items: Action or discussion on any item not appearing on the posted agenda is prohibited except that members may briefly respond to statements made or questions posed by the public. In addition,members may: a. Ask a question for clarification; are even within the jurisdiction of the legislative body. Therefore,under the Act,a meeting includes any use of direct communication,personal intermediaries,or technological devices which are employed by a majority of the members of the legislative body to discuss or deliberate on issues within its jurisdiction. 1. A serial meeting can occur in two ways: a. Chain: If member A contacts member B, and B contacts member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 b. Make a brief announcement; c. Make a brief report on activities; d. Provide a reference to staff or other sources for factual information; e. Request staff to report back to the legislative body in a subsequent meeting; or f. Direct staff to place a matter of business on a future agenda. 3. Adding to the Agenda: a. Need to take action before next regular meeting and matter came to the attention of the agency after posting of the agenda. Best practice is to amend posted agenda if there is time.A 2/3 vote of the legislative body is required to add an item to an agenda under this rule. b. Emergencies—An emergency is defined as work stoppage affecting public health or safety or a crippling disaster(flood, fire, earthquake,etc.).A majority vote is required to add an item involving an emergency to an agenda. V. RIGHTS OF THE PUBLIC AT MEETINGS A. Attendance. "All persons shall be permitted to attend..."(§54953.) 1. Members of the public cannot be required to register their names,provide other information,complete a questionnaire, or otherwise fulfill any condition precedent to attending.If an attendance list,register, questionnaire or similar document is circulated to persons present during the meeting, it must state that the signing,registering or completion of the document is voluntary..(§54953.3) 2. Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute,a persistent disruption of the proceedings. (§54953.5) B. Meeting Records. 1. The public has the right to review agendas and other writings distributed to a majority of the legislative body(except for privileged documents).A fee or deposit may be charged for a copy of a public record. clarification; are even within the jurisdiction of the legislative body. Therefore,under the Act,a meeting includes any use of direct communication,personal intermediaries,or technological devices which are employed by a majority of the members of the legislative body to discuss or deliberate on issues within its jurisdiction. 1. A serial meeting can occur in two ways: a. Chain: If member A contacts member B, and B contacts member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 2. Writings must be made available to the public at the time of distribution to a majority of the legislative body meeting. C. Participation. 1. A regular meeting agenda must allow an opportunity for members of the public to speak on any item of interest, so long as the item is within the subject matter jurisdiction of the legislative body. 2. The public must be allowed to speak on a specific item of business before or during the legislative body's consideration of it. VI.ADJOURNMENTS AND CONTINUANCES A. Adjournments. The legislative body may adjourn any regular or special meeting to a time and place specified in the order of adjournment. Written notice of the adjournment must be posted on or near the door of the place where the meeting was held within 24 hours of the adjournment.If the subsequent meeting is held within 5 days,matters on the original agenda may be acted upon at the subsequent meeting.If the subsequent meeting is more than 5 days later, a new agenda must be prepared and posted. B. Continuances. A duly noticed hearing may also be continued in the same manner as adjourned meetings. However, if the hearing is continued to a meeting that will occur in less than 24 hours, a copy of a notice of continuance must be posted immediately following the meeting at which the continuance was adopted. Revised: 2/7/12 son attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute,a persistent disruption of the proceedings. (§54953.5) B. Meeting Records. 1. The public has the right to review agendas and other writings distributed to a majority of the legislative body(except for privileged documents).A fee or deposit may be charged for a copy of a public record. clarification; are even within the jurisdiction of the legislative body. Therefore,under the Act,a meeting includes any use of direct communication,personal intermediaries,or technological devices which are employed by a majority of the members of the legislative body to discuss or deliberate on issues within its jurisdiction. 1. A serial meeting can occur in two ways: a. Chain: If member A contacts member B, and B contacts member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 N PO ��;.��: AGENDA N DA REP ORT - OVERSIGHT. BOARD Item #2 MEETING DATE: April 4, 2012 TITLE: Resolution Designating a Member of the Oversight Board as the Contact Person to the Department of Finance RECOMMENDATION: Adopt a Resolution Designating the Grand Terrace Community and Economic Development Director as the contact person for Department of Finance inquiries regarding Oversight Board actions. BACKGROUND AND DISCUSSION: California Health & Safety Code Section 34179(f) (part of the Dissolution Act) requires that all actions taken by the Oversight Board be posted on the Successor Agency's website for review by the California Department of Finance ("DOF"). Further, Section 34179(h) provides that the Oversight Board actions are not effective for three business days, pending review by the DOF; then, if the DOF exercises its right to review the action, it has ten days to approve the action or return it to the Oversight Board for reconsideration. The Dissolution Act also requires the Oversight Board to formally designate an official to whom the DOF may make inquiries regarding Oversight Board actions. Staff recommends designating the Community and Economic Development Director of the City of Grand Terrace and the Successor Agency be designated as the contact person for the Oversight Board. Upon receiving an inquiry, the Director would .then direct the inquiry to the appropriate staff person to formulate a response, and then the Director would forward the response to the DOF. After the Oversight Board designates the contact person, staff of the Successor Agency will transmit the appropriate contact information to the Department of Finance as required. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. The -Successor Agency is entitled to reimbursement for the costs related to administration of the Oversight Board. within the jurisdiction of the legislative body. Therefore,under the Act,a meeting includes any use of direct communication,personal intermediaries,or technological devices which are employed by a majority of the members of the legislative body to discuss or deliberate on issues within its jurisdiction. 1. A serial meeting can occur in two ways: a. Chain: If member A contacts member B, and B contacts member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 Respectfully submitted, Betsy . Adams Executive Director, Successor Agency Attachment: Resolution Oversight Board Action -- Approved as Recommended: Denied/Other: Board Motion: N (1) 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 shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid. 4, 2012. (1) City Hall (2) Child Care Center (3) Grand Terrace Branch Library TRACEY R MARTINEZ CITY.CLERK B /, Tracey -: Ma Inez s RESOLUTION NO. OB 2012- A RESOLUTION OF THE OVERSIGHT BOARD OF SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE DESIGNATING A PERSON TO RESPOND TO INQUIRIES FROM THE CALIFORNIA DEPARTMENT OF FINANCE WHEREAS, the Oversight Board for Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace ("Oversight Board") is directed pursuant to ABx1 26 to appoint a person who will respond to inquiries from the California Department of Finance; and WHEREAS, the Community and Economic Development Director of the Successor Agency, has agreed to address inquiries from the California Department of Finance; NOW THEREFORE, BE IT RESOLVED by the Oversight Board, as follows: SECTION 1. The Oversight Board finds and determines that the foregoing recitals are - true and correct. SECTION 2. The Oversight Board approves and authorizes the Community and Economic Development Director of the Successor Agency, to address inquiries from the California Department of Finance. SECTION 3. The Successor Agency shall maintain on file as a public record this Resolution. PASSED, APPROVED, AND ADOPTED at a special meeting of the Oversight Board of Successor Agency to Community Redevelopment Agency of the City of Grand Terrace, held on this the 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace ctor would forward the response to the DOF. After the Oversight Board designates the contact person, staff of the Successor Agency will transmit the appropriate contact information to the Department of Finance as required. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. The -Successor Agency is entitled to reimbursement for the costs related to administration of the Oversight Board. within the jurisdiction of the legislative body. Therefore,under the Act,a meeting includes any use of direct communication,personal intermediaries,or technological devices which are employed by a majority of the members of the legislative body to discuss or deliberate on issues within its jurisdiction. 1. A serial meeting can occur in two ways: a. Chain: If member A contacts member B, and B contacts member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 ATTEST: Oversight Board Secretary ams Executive Director, Successor Agency Attachment: Resolution Oversight Board Action -- Approved as Recommended: Denied/Other: Board Motion: N (1) 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 shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid. 4, 2012. (1) City Hall (2) Child Care Center (3) Grand Terrace Branch Library TRACEY R MARTINEZ CITY.CLERK B /, Tracey -: Ma Inez s N�wP �pkkir AGENDA REPORT - OVERSIGHT BOARD VMOEw e0'10 Item # 3 MEETING DATE: April 4, 2012 TITLE: Resolution Adopting a Conflict of Interest Code RECOMMENDATION: Adopt a Resolution of the Oversight Board adopting a Conflict of Interest Code. BACKGROUND AND DISCUSSION: On February 1, 20.12, all assets, properties, contracts, leases, and records of the former redevelopment agency were transferred by operation of law to the Successor Agency. An Oversight Board has been established pursuant to Health and Safety Code Section 34179 to assist in the wind down of the dissolved redevelopment agency. Because the Oversight Board is subject to various laws applicable to governmental agencies in the State of California, including conflict of interest regulations, it is necessary and appropriate that the Oversight Board adopt a conflict of interest code. Successor Agency staff recommends that the Oversight Board adopt the standard conflict of interest code that has been .adopted by the Fair Political Practices Commission pursuant to the provisions of Article 2 of Chapter 7 of the Political Reform Act and an "Appendix A" listing the positions on the Oversight Board and the disclosure categories of the Board members and "Appendix B" outlining the Disclosure Categories. A Resolution of the Oversight Board adopting the standard conflict of interest code that was adopted by the Fair Political Practices Commission, "Appendix A" and "Appendix B" recommended for approval are attached to this report. The Code requires that the members of the Board complete a Form 700, Statement of Economic Interest, upon taking office and annually thereafter by April 1.. The Secretary of the Board will notify Board members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 Respectfully submitted, Betsya Ada s Executive Director, Successor Agency Attachments: Title 2, Division 6, California Code of Regulations Section 18730 Oversight Board Resolution adopting a Conflict of Interest Code Appendix A Appendix B _ _ _ Oversight Board Action Approved as Recommended: _ _ _ Denied/Other: Board Motion: hange 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 shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid. 4, 2012. (1) City Hall (2) Child Care Center (3) Grand Terrace Branch Library TRACEY R MARTINEZ CITY.CLERK B /, Tracey -: Ma Inez s (Regulations of the Fair Political Practices Commission, Title 2,Division 6, California Code of Regulations.) § 18730. Provisions of Conflict-of-Interest Codes. (a) Incorporation by reference'of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict-of-interest code within the meaning of Section 87300 or the amendment of a conflict-of-interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict-of-interest code already in effect.A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict-of-interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b)The terms of a conflict-of-interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict-of-interest code. (2) Section 2. Designated Employees. report. The Code requires that the members of the Board complete a Form 700, Statement of Economic Interest, upon taking office and annually thereafter by April 1.. The Secretary of the Board will notify Board members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition,this code does not establish any disclosure obligation for any designated employees who are designated in a conflict-of-interest code for another agency, if all of the following apply: (A)The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C)The filing officer is the same for both agencies.l' Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees,the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories etary of the Board will notify Board members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict-of-interest code? (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted,promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B)Assuming Office Statements.All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C)Annual Statements. All designated employees shall file statements no later than April 1. (D)Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office,provided he or she did not make or participate in the making members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A)Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1)File a written resignation with the appointing power; and (2)File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make,participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the t, is not deemed to have assumed office or left office,provided he or she did not make or participate in the making members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 previous calendar year provided, however,that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6,the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7.Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: 1.A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4.A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B)Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: tements shall disclose any reportable investments, interests in real property, income and business positions held or received during the t, is not deemed to have assumed office or left office,provided he or she did not make or participate in the making members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 1. The name and address of each source of income aggregating$500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2.A statement whether the aggregate value of income from each source, or in the case of a loan,the highest amount owed to each source, was $1,000 or less, greater than$1,000, greater than$10,000, or greater than$100,000; 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift,the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift;the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan,the annual interest rate and the security, if any, given for the loan and the term of the loan. (C)Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than$10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer,partner,trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. e t, is not deemed to have assumed office or left office,provided he or she did not make or participate in the making members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 (E)Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement,the statement shall contain the date of acquisition or disposal. (8) Section 8.Prohibition on Receipt of Honoraria. (A)No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of$420. (A)No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than$420 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. ty is engaged, and the designated employee's position with the business entity. e t, is not deemed to have assumed office or left office,provided he or she did not make or participate in the making members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A)No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee,member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B)No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall,while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C)No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office,receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. d he or she did not make or participate in the making members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 (D)No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall,while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child,parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,uncle, or first cousin, or the spouse of any such persons,provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time. 4. Loans made, or offered in writing,before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A)Except as set forth in subdivision(B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she status. d he or she did not make or participate in the making members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 vacates office, receive a personal loan of$500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B)This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child,parent, grandparent, grandchild,brother, sister,parent-in-law, brother-in-law, sister-in-law,nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person,provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing,before January 1, 1998. (C)Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A)Except as set forth in subdivision(B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment,when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment,when one year has elapsed from the later of the following: a. The date the loan was made. riting,before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A)Except as set forth in subdivision(B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she status. d he or she did not make or participate in the making members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 b. The date the last payment of$100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than$250 during the previous 12 months. (B) This section shall not apply to the following types of loans: 1.A loan made to the campaign committee of an elected officer or a candidate for elective office. 2.A loan that would otherwise not be a gift as defined in this title. 3.A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision(A), but on which the creditor,based on reasonable business considerations,has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C)Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make,participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, he loan was made. riting,before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A)Except as set forth in subdivision(B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she status. d he or she did not make or participate in the making members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A)Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more; (B)Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more; (C)Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating$500 or more in value provided to,received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D)Any business entity in which the designated employee is a director, officer,partner, trustee, employee, or holds any position of management; or (E)Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $420 or more provided to,received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9,no state administrative official shall make,participate in making, or use his or her official position to influence any date of his or her election to office through the date he or she status. d he or she did not make or participate in the making members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has,within 12 months prior to the time when the official action is to be taken: (A)Engaged in a business transaction or transactions on terms not available to members of the public,regarding any investment or interest in real property; or (B)Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it,the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. icipate in the making members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 'Designated employees who are required to file statements of economic interests under any other agency's conflict-of-interest code, or under article 2 for a different jurisdiction,may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3For the purpose of disclosure only(not disqualification), an interest in real property does not include the principal residence of the filer. 4Investments and interests in real property which have a fair market value of less than$2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6lncome of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 addition,the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. Note:Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code. HISTORY 1.New section filed 4-2-80 as an emergency; effective upon filing(Register 80,No. 14). Certificate of Compliance included. 2.Editorial correction (Register 80,No. 29). 3.Amendment of subsection(b)filed 1-9-81; effective thirtieth day thereafter(Register 81, No. 2). 4. Amendment of subsection(b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter(Register 83,No. 5). 5.Amendment of subsection (b)(7)(A)filed 11-10-83; effective thirtieth day thereafter(Register 83,No. 46). 6.Amendment filed 4-13-87; operative 5-13-87 (Register 87,No. 16). 7. Amendment of subsection(b) filed 10-21-88; operative 11-20-88 (Register 88,No. 46). 8.Amendment of subsections (b)(8)(A) and(b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90,No. 42). 9.Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92,No. 32). 10. Amendment of subsection(b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93,No. 6). includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6lncome of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93,No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94,No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94,No. 17). 14.Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95,No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A),repealer of subsection(b)(8.1)(B), and amendment of subsection(b)(12)filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96,No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97,No. 15). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98,No. 35). 19. Editorial correction of subsection(a) (Register 98,No. 47). 20.Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E)filed 5-11-99; operative t, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99,No. 20). 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and(e) (Register 2000,No. 49). 22. Amendment of subsections (b)(3) and(b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001,No. 2). 23.Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001,No. 7). 24. Amendment of subsections (b)(8.1)-(b)(8.1)(A)filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003,No. 3). 25. Editorial correction of History 24 (Register 2003,No. 12). 26.Editorial correction removing extraneous phrase in subsection(b)(9.5)(B) (Register 2004, No. 33). rest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 27.Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12)filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005,No. 1). 28. Amendment of subsection(b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005,No.41). 29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and(b)(9)(E) filed 12-18-2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal,Third Appellate District,nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006,No. 51). 30. Amendment of subsections (b)(8.1)-(b)(8.1)(A)and(b)(9)(E)filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008,No. 44). 31.Amendment of section heading and section filed 11-15-2010; operative 12-15-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010,No. 47). subsection(b)(9.5)(B) (Register 2004, No. 33). rest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In members when the annual Statements are due. "Appendix B" describes what the member must report on their Form 700. FISCAL IMPACT: The Successor Agency has incurred administrative expenses in the preparation of the documents presented to the Oversight Board. It is believed that the impact of adoption of a Conflict of Interest Code will be relatively minor. To the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the City and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. member C, and C contacts member D, and so on,until a quorum has been involved. b. Hub-and-spoke: An intermediary, such as the agency manager or attorney, contacts at least a quorum of the members of the legislative body to discuss, ght board shall designate an official to whom the department may make such 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 RESOLUTION NO. OB 2012- A RESOLUTION OF THE OVERSIGHT BOARD OF SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY GRAND TERRACE ADOPTING A CONFLICT OF INTEREST CODE WHEREAS, the Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace ("Oversight Board", as applicable) has been established to direct the Successor Agency to take certain actions to wind down the affairs of the Redevelopment Agency in Accordance with the California Health and Safety Code; and WHEREAS, Government Code Section 87300 requires every agency to adopt and promulgate a conflict of interest code; and WHEREAS, the Fair Political Practices Commission has adopted a Standard Conflict of Interest Code pursuant to the provisions of Article 2 Chapter 7 of the Political Reform Act; and WHEREAS, it is further necessary to adopt certain categories for the board members of the Oversight Board of the Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace pursuant to said Standard Conflict of Interest Code. NOW, THEREFORE, the Oversight Board of Successor Agency to the Grand Terrace Redevelopment Agency does hereby resolve as follows: SECTION 1. The Political Reform Act, Government Code Section 81000, et. Seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission had adopted a regulation, Title 2 California Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of Title 2, Division 6, California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix A and Appendix B in which the board members of the Over Sight Board are designated and disclosure categories are set forth, constitute the conflict of interest code of the Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace. SECTION: 2 Designated Board Members shall file their statement with the Secretary of the Oversight Board who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Statements for all designated Board Members will be retained by the Secretary of the Oversight Board of the Successor Agency to the Community Redevelopment Agency. shall designate an official to whom the department may make such 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 PASSED, APPROVED and ADOPTED at a special meeting of the Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace held this 4th day of April, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chairman, Oversight Board of Successor Agency of the Grand Terrace Redevelopment Agency ATTEST: Oversight Board Secretary ition of that oversight board as a result of the operation of subdivision(b). (m) Any oversight board for a given successor agency shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid. 4, 2012. (1) City Hall (2) Child Care Center (3) Grand Terrace Branch Library TRACEY R MARTINEZ CITY.CLERK B /, Tracey -: Ma Inez s APPENDIX "A" RESOLUTION OB 2012- The following is a list of Oversight Board positions required to submit Statements of Economic Interests (Form 700) pursuant to the Political Reform Act. Disclosure Categories Chairperson of the Board 1 Vice Chairperson of the Board 1 Board member 1 Secretary of the Board 1 Secretary ition of that oversight board as a result of the operation of subdivision(b). (m) Any oversight board for a given successor agency shall cease to exist when all of the indebtedness of the dissolved redevelopment agency has been repaid. 4, 2012. (1) City Hall (2) Child Care Center (3) Grand Terrace Branch Library TRACEY R MARTINEZ CITY.CLERK B /, Tracey -: Ma Inez s APPENDIX "B" RESOLUTION OB 2012- APPENDIX OF DISCLOSURE CATEGORIES CATEGORY 1. Full Disclosure — All interest in real property as well as investments, business position and sources of income, including gifts, loans and travel payments. 2. Full Disclosure (excluding interest in real property) — Investments and business positions and sources of income, including gifts, loans and travel payments. 3. Interest in Real Property — Interests in real property located in the City, including property located within a two mile radius of any property owned or used by the City. 4. General Contracting — Investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. V♦r,o o,ta AGENDA REPORT - OVERSIGHT BOARD ��QMoa,o,o Item #4 MEETING DATE: April 4, 2012 TITLE: Resolution Establishing the Date, Time and Location for meetings of the Oversight Board of the Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace RECOMMENDATION: Adopt a Resolution establishing the date, time and location for meetings of the Oversight Board of the Successor Agency. BACKGROUND AND DISCUSSION: On December 29, 2011, the California Supreme Court upheld ABx1 26, which dissolves all redevelopment agencies in California, effective February 1, 2012. All the assets, properties, contracts, leases, and records of the former redevelopment agency were automatically transferred by operation of law to a Successor Agency ("Successor Agency") on February 1, 2012. On January 10, 2012, the City of Grand Terrace elected to serve as the Successor Agency to the Community Redevelopment Agency. The Successor Agency is then responsible for the winding down of the Agency's obligations subject to the monitoring by and approval of an Oversight Board. Each Successor Agency will have its own Oversight Board until 2016, when all oversight boards will be consolidated into one county-wide Oversight Board. To facilitate the Oversight Board's review and approval of actions of the Successor Agency, a regular date, time and location for meetings must be established. After considering the schedules of various appointed Board Members, staff is recommending that the Oversight Board meetings be held on the first and third Wednesday of the month at 4:00 p.m., with the initial meeting being scheduled for Wednesday, April 4, 2012 at 4:00 p.m. The recommended meeting place is the City Council Chamber at 22795 Barton Road, Grand Terrace. Staff will recommend additional meetings as needed to meet the State's requirements, or cancel meetings where there is no pressing need for the meeting. Staff anticipates that additional meetings will be necessary for the first 60-90 days. FISCAL IMPACT: The Successor Agency has incurred administrative and legal expenses in the preparation of the documents presented to the Oversight Board. The Successor gnated Board Members shall file their statement with the Secretary of the Oversight Board who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Statements for all designated Board Members will be retained by the Secretary of the Oversight Board of the Successor Agency to the Community Redevelopment Agency. shall designate an official to whom the department may make such 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 Agency is entitled to reimbursement for the costs related to administration of the Oversight Board. Respectfully submitted, Betsy . Adams Executive Director, Successor Agency Attachment: Resolution - - - -- - --- - ---- ----- ---- ----------- ------------- ---- ----- ----- - - - - -- - -- - -- - - - -- Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: erty — Interests in real property located in the City, including property located within a two mile radius of any property owned or used by the City. 4. General Contracting — Investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. RESOLUTION NO. OB 2012- A RESOLUTION OF THE OVERSIGHT BOARD OF SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE ESTABLISHING THE DATE, TIME AND LOCATION OF OVERSIGHT BOARD MEETINGS WHEREAS, the Oversight Board for Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace ("Oversight Board") has met and conferred to determine a date, time and location for Oversight Board meetings. NOW THEREFORE, BE IT RESOLVED by the Oversight Board, as follows: SECTION 1. The Oversight Board meetings shall be on the first and third Wednesday of the month, at 4:00 pm, and the meetings shall be open to the public. Meetings may be adjourned by the presiding officer or by the Secretary if a quorum is not present. SECTION 2. The location of the Oversight Board meetings shall be at the City Council Chamber, 22795 Barton Road, Grand Terrace California. SECTION 3. Special meetings may be called by the Chairperson or by four (4) board members, and notice thereof shall be provided in accordance with the Brown Act. PASSED, APPROVED, AND ADOPTED at the first meeting of the Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace, held on this the 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Oversight Board of Successor Agency to Grand Terrace Redevelopment Agency ATTEST: Oversight Board Secretary arious appointed Board Members, staff is recommending that the Oversight Board meetings be held on the first and third Wednesday of the month at 4:00 p.m., with the initial meeting being scheduled for Wednesday, April 4, 2012 at 4:00 p.m. The recommended meeting place is the City Council Chamber at 22795 Barton Road, Grand Terrace. Staff will recommend additional meetings as needed to meet the State's requirements, or cancel meetings where there is no pressing need for the meeting. Staff anticipates that additional meetings will be necessary for the first 60-90 days. FISCAL IMPACT: The Successor Agency has incurred administrative and legal expenses in the preparation of the documents presented to the Oversight Board. The Successor gnated Board Members shall file their statement with the Secretary of the Oversight Board who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Statements for all designated Board Members will be retained by the Secretary of the Oversight Board of the Successor Agency to the Community Redevelopment Agency. shall designate an official to whom the department may make such 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 * AGENDA REPORT - OVERSIGHT BOARD � sMosw+DSO Item #5 MEETING DATE: April 4, 2012 TITLE: Resolutions Adopting Bylaws and Rules of Procedure for the Oversight Board RECOMMENDATION: 1. Adopt a Resolution of the Oversight Board approving Bylaws for the Oversight Board. 2. Adopt a Resolution of the Oversight Board approving Rules of Procedure for the Oversight Board. BACKGROUND AND DISCUSSION: On February 1, 2012, all assets, properties, contracts, leases, and records of the former redevelopment agency were transferred by operation of law to the Successor Agency. An Oversight Board has been established pursuant to Health and Safety Code Section 34179 to assist in the wind down of the dissolved redevelopment agency. Rules of Procedures and Bylaws will need to be adopted in order to facilitate the process of the meetings and establish the rules for the Oversight Board. Staff has prepared and attached to this report suggested Rules of Procedures and Bylaws for the Board's consideration. FISCAL IMPACT: The Successor Agency has incurred administrative and legal expenses in the preparation of the documents presented to the Oversight Board. The Successor Agency is entitled to reimbursement for the costs related to administration of the Oversight Board. In addition, to the extent questions arise that are directed to the Successor Agency, costs for processing requests may be included within those costs which would be incurred by the Successor Agency and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. Respectfully submitted, Betsy dams Executive Director, Successor Agency ded meeting place is the City Council Chamber at 22795 Barton Road, Grand Terrace. Staff will recommend additional meetings as needed to meet the State's requirements, or cancel meetings where there is no pressing need for the meeting. Staff anticipates that additional meetings will be necessary for the first 60-90 days. FISCAL IMPACT: The Successor Agency has incurred administrative and legal expenses in the preparation of the documents presented to the Oversight Board. The Successor gnated Board Members shall file their statement with the Secretary of the Oversight Board who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Statements for all designated Board Members will be retained by the Secretary of the Oversight Board of the Successor Agency to the Community Redevelopment Agency. shall designate an official to whom the department may make such 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 Attachments: 1. Oversight Board Resolution and Bylaws 2. Oversight Board Resolution and Rules of Procedure Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: hment: Resolution - - - -- - --- - ---- ----- ---- ----------- ------------- ---- ----- ----- - - - - -- - -- - -- - - - -- Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: erty — Interests in real property located in the City, including property located within a two mile radius of any property owned or used by the City. 4. General Contracting — Investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. ATTACHMENT NO. 1 Oversight Board Resolution and Bylaws ht Board Resolution and Rules of Procedure Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: hment: Resolution - - - -- - --- - ---- ----- ---- ----------- ------------- ---- ----- ----- - - - - -- - -- - -- - - - -- Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: erty — Interests in real property located in the City, including property located within a two mile radius of any property owned or used by the City. 4. General Contracting — Investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. RESOLUTION NO. OB 2012- A RESOLUTION OF THE OVERSIGHT BOARD OF SUCCESSOR AGENCY TO COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRECE ADOPTING BYLAWS WHEREAS, the Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace ("Oversight Board") has been established to direct the Successor Agency to take certain actions to wind down the affairs of the Redevelopment Agency in Accordance with the California Health and Safety Code; and WHEREAS, the Oversight Board desires to adopt bylaws and regulations for the general operation of the Oversight Board, including but not limited to the designation of officers and conduct of meetings. NOW, THEREFORE, the Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace does hereby resolve as follows: SECTION 1. The Bylaws of the Oversight Board, a copy of which is attached hereto and incorporated herein as Exhibit "A", are hereby approved. SECTION 2. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a special meeting of the Oversight Board of Successor Agency to the Grand Terrace Redevelopment Agency held this 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chair, Oversight Board of Successor Agency to the Grand Terrace Redevelopment Agency ATTEST: Oversight Board Secretary ts may be included within those costs which would be incurred by the Successor Agency and which would be reimbursable from revenues available to the Redevelopment Property Tax Trust Fund upon disbursal by the County Auditor-Controller. Respectfully submitted, Betsy dams Executive Director, Successor Agency ded meeting place is the City Council Chamber at 22795 Barton Road, Grand Terrace. Staff will recommend additional meetings as needed to meet the State's requirements, or cancel meetings where there is no pressing need for the meeting. Staff anticipates that additional meetings will be necessary for the first 60-90 days. FISCAL IMPACT: The Successor Agency has incurred administrative and legal expenses in the preparation of the documents presented to the Oversight Board. The Successor gnated Board Members shall file their statement with the Secretary of the Oversight Board who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Statements for all designated Board Members will be retained by the Secretary of the Oversight Board of the Successor Agency to the Community Redevelopment Agency. shall designate an official to whom the department may make such 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 EXHIBIT "A" OVERSIGHT BOARD OF SUCCESSOR AGENCY TO THE GRAND TERRACE REDEVELOPMENT AGENCY [See following document] Approved as Recommended: Denied/Other: Board Motion: hment: Resolution - - - -- - --- - ---- ----- ---- ----------- ------------- ---- ----- ----- - - - - -- - -- - -- - - - -- Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: erty — Interests in real property located in the City, including property located within a two mile radius of any property owned or used by the City. 4. General Contracting — Investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. BYLAWS OF THE OVERSIGHT BOARD OF SUCCESSOR AGENCY TO THE GRANDTERRACE REDEVELOPMENT AGENCY ARTICLE I -THE OVERSIGHT BOARD Section 1. Name of Authority The official name shall be the "Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace" (herein referred to as "Oversight Board"). Section 2. Place of Meeting The office and regular place of meeting of the Oversight Board shall be at the Grand Terrace City Council Chamber, 22795 Barton Road, Grand Terrace, California. The Oversight Board may hold its meetings at such other locations as the Oversight Board may from time to time designate by resolution, in the order of adjournment, or notice of call of any special meeting. Section 3. Powers The Oversight Board shall be vested with all the rights, powers, duties, privileges, and immunities established by the California Health and Safety Code Sections 34179, 34180, and 34181. ARTICLE II- OFFICERS Section 1. Officers and Officials The officers of the Oversight Board shall be composed of seven members. The members shall elect one of their members as the chairperson and select one of their members as the vice chairperson. All Oversight Board members shall be selected pursuant to the guidelines set forth in the California Health and Safety Code 34179. Other officials acting as its staff shall be the Executive Director of the Successor Agency, a secretary, and such other employees of the Successor Agency/and or City of Grand Terrace as deemed necessary by the Executive Director of the Successor Agency. Section 2. Chairperson The Chairperson of the Oversight Board shall preside at all meetings of the Oversight Board. Respectfully submitted, Betsy dams Executive Director, Successor Agency ded meeting place is the City Council Chamber at 22795 Barton Road, Grand Terrace. Staff will recommend additional meetings as needed to meet the State's requirements, or cancel meetings where there is no pressing need for the meeting. Staff anticipates that additional meetings will be necessary for the first 60-90 days. FISCAL IMPACT: The Successor Agency has incurred administrative and legal expenses in the preparation of the documents presented to the Oversight Board. The Successor gnated Board Members shall file their statement with the Secretary of the Oversight Board who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Statements for all designated Board Members will be retained by the Secretary of the Oversight Board of the Successor Agency to the Community Redevelopment Agency. shall designate an official to whom the department may make such 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 Section 3. Vice-Chairperson The Vice-Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. Section 4. Secretary The Executive Director of the Successor Agency shall designate a person to serve as the Secretary to the Oversight Board. The Secretary shall keep the records of the Oversight Board, shall act as secretary at meetings of the Oversight Board, shall record all votes, keep a record of the proceedings of the Oversight Board in a journal of proceedings to be kept for such purpose and shall perform all duties incident to the office. The Secretary shall maintain a record of all official proceedings of the Oversight Board and its programs. In the absence of the Secretary, the Executive Director to the Successor Agency shall appoint a member of the staff to act as Secretary. Section 5. Vacancies When a seat of the Oversight Board becomes vacant, the position will be filled by a member appointed by the agency who originally appointed the former member. Such appointments are to take place within 60 days of the creation of the vacancy. The Governor may appoint individuals to fill a member position that remains vacant for more than 60 days. Section 6. Compensation Oversight Board member shall serve without compensation or reimbursement for expenses. ifornia Health and Safety Code 34179. Other officials acting as its staff shall be the Executive Director of the Successor Agency, a secretary, and such other employees of the Successor Agency/and or City of Grand Terrace as deemed necessary by the Executive Director of the Successor Agency. Section 2. Chairperson The Chairperson of the Oversight Board shall preside at all meetings of the Oversight Board. Respectfully submitted, Betsy dams Executive Director, Successor Agency ded meeting place is the City Council Chamber at 22795 Barton Road, Grand Terrace. Staff will recommend additional meetings as needed to meet the State's requirements, or cancel meetings where there is no pressing need for the meeting. Staff anticipates that additional meetings will be necessary for the first 60-90 days. FISCAL IMPACT: The Successor Agency has incurred administrative and legal expenses in the preparation of the documents presented to the Oversight Board. The Successor gnated Board Members shall file their statement with the Secretary of the Oversight Board who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Statements for all designated Board Members will be retained by the Secretary of the Oversight Board of the Successor Agency to the Community Redevelopment Agency. shall designate an official to whom the department may make such 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 ATTACHMENT NO. 2 Oversight Board Resolution and Rules of Procedure TERRACE REDEVELOPMENT AGENCY [See following document] Approved as Recommended: Denied/Other: Board Motion: hment: Resolution - - - -- - --- - ---- ----- ---- ----------- ------------- ---- ----- ----- - - - - -- - -- - -- - - - -- Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: erty — Interests in real property located in the City, including property located within a two mile radius of any property owned or used by the City. 4. General Contracting — Investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. RESOLUTION NO. OB 2012- A RESOLUTION OF THE OVERSIGHT BOARD OF SUCCESSOR AGENCY TO THE COMMUNITY RECEVEOPMENT AGENCY OF THE CITY OF GRAND TERRACE ADOPTING RULES OF PROCEDURE FOR MEETINGS AND RELATED FUNCTIONS, ACTIVITIES, AND REGARDING TIMES AND LOCATION OF REGULAR MEETINGS WHEREAS, the Oversight Board of Successor Agency to the Grand Terrace Redevelopment Agency ("Oversight Board") has been established to direct the Successor Agency to take certain actions to wind down the affairs of the Redevelopment Agency in accordance with the California Health and Safety Code; and WHEREAS, the Oversight Board desires to adopt rules of procedure for the general operation of the Oversight Board, including but not limited to the conduct of meetings and approval of contracts in accordance with the California Health and Safety Code. NOW, THEREFORE, the Oversight Board of Successor Agency to the Grand Terrace Redevelopment Agency does hereby resolve as follows: SECTION 1. The Rules of Procedure of the Oversight Board of Successor Agency to the Grand Terrace Redevelopment Agency, a copy of which is attached hereto and incorporated herein as Exhibit "A", are hereby approved. SECTION 2. The Oversight Board Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED at a special meeting of the Oversight Board of Successor Agency to the Grand Terrace Redevelopment Agency held this 4th day of April, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chairperson, Oversight Board of Successor Agency to the Grand Terrace Redevelopment Agency submitted, Betsy dams Executive Director, Successor Agency ded meeting place is the City Council Chamber at 22795 Barton Road, Grand Terrace. Staff will recommend additional meetings as needed to meet the State's requirements, or cancel meetings where there is no pressing need for the meeting. Staff anticipates that additional meetings will be necessary for the first 60-90 days. FISCAL IMPACT: The Successor Agency has incurred administrative and legal expenses in the preparation of the documents presented to the Oversight Board. The Successor gnated Board Members shall file their statement with the Secretary of the Oversight Board who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Statements for all designated Board Members will be retained by the Secretary of the Oversight Board of the Successor Agency to the Community Redevelopment Agency. shall designate an official to whom the department may make such 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 ATTEST: Oversight Board Secretary Board Resolution and Rules of Procedure TERRACE REDEVELOPMENT AGENCY [See following document] Approved as Recommended: Denied/Other: Board Motion: hment: Resolution - - - -- - --- - ---- ----- ---- ----------- ------------- ---- ----- ----- - - - - -- - -- - -- - - - -- Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: erty — Interests in real property located in the City, including property located within a two mile radius of any property owned or used by the City. 4. General Contracting — Investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. EXHIBIT "A" OVERSIGHT BOARD OF SUCCESSOR AGENCY TO THE GRAND TERRACE REDEVELOPMENT AGENCY [See following document] Approved as Recommended: Denied/Other: Board Motion: hment: Resolution - - - -- - --- - ---- ----- ---- ----------- ------------- ---- ----- ----- - - - - -- - -- - -- - - - -- Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: erty — Interests in real property located in the City, including property located within a two mile radius of any property owned or used by the City. 4. General Contracting — Investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. RULES OF PROCEDURE OF THE OVERSIGHT BOARD OF SUCCESSOR AGENCY TO THE GRAND TERRACE REDEVELOPMENT AGENCY ARTICLE 1 - MEETINGS Section 1. Regular Meetings Regular meetings of the Oversight Board shall be held on at 4:00 p.m. on the first and third Wednesday of each month, or as otherwise determined by the Oversight Board. The meetings will be held in the City Council Chambers, 22795 Barton Road, Grand Terrace, or at such other locations as the Oversight Board may from time to time designate by resolution or in the notice of call of any special meeting. In the event a day of meeting shall be a legal holiday, said meeting shall be held on the next business day unless otherwise determined by the Oversight Board. Section 2. Special Meetings The Chairperson of the Oversight Board may, when he or she deems it necessary, and shall, upon the written request of four members of the Oversight Board, call a special meeting of the Oversight Board for the purpose of transacting the business designated in the call. The means and method for calling such special meeting shall be as set forth in the Ralph M. Brown Act, California Government Code Section 54950 et seq., as it now exists or may hereafter be amended (the "Brown Act"). Section 3. Adjourned Meetings The board members may adjourn any meeting to a time and place specified in the order of adjournment. When an order of adjournment of any meeting fails to state an hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings. In adjourning any meeting, there shall be compliance with all procedures of the Brown Act. Section 4. Quorum Four (4) board members of the Oversight Board shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. Every official act of the Oversight Board shall be adopted by a majority vote except in situations where the law calls for a vote of greater than a majority [Note: Health & Safety Code Section 34179, in the form enacted by ABx1 26, requires a majority vote of the total membership of the oversight board in order for the oversight board to take action]. A "majority vote" shall mean a majority of the full Board (i.e., four affirmative votes). their statement with the Secretary of the Oversight Board who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Statements for all designated Board Members will be retained by the Secretary of the Oversight Board of the Successor Agency to the Community Redevelopment Agency. shall designate an official to whom the department may make such 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 Section 5. Order of Business (a) Agenda. The order of business of each meeting shall be as contained in the Agenda prepared by the Oversight Board Secretary. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: (i) Call to Order (ii) Pledge of Allegiance (iii) Roll Call (iv) Confirmation of Agenda (v) Presentations (vi) Public Comment (vii) Approval of Minutes (viii) Unfinished Business (ix) New Business (x) Public Hearings (xi) Board Member Reports (xii) Closed Session (xiii) Adjournment All resolutions shall be in writing and designated by number, reference to which shall be inscribed in the minutes and an approved copy of each resolution filed in the official book of resolutions of the Oversight Board. (b) Preparation of Agenda: The staff of the Successor Agency shall be responsible for the preparation of the Agenda. The Oversight Board, by a majority vote, may direct a matter to be placed upon a future agenda. (c) Delivery of Agenda: The Agenda and related staff reports will ordinarily be delivered to the board members via e-mail on the Thursday preceding the meeting to which it pertains. The Agenda and staff reports shall also be available to the general public at the time it is delivered to the board members. (d) Roll Call: Before proceeding with the business of the Oversight Board, the Oversight Board Secretary shall call the roll of the board members and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Chairperson called last. of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. Every official act of the Oversight Board shall be adopted by a majority vote except in situations where the law calls for a vote of greater than a majority [Note: Health & Safety Code Section 34179, in the form enacted by ABx1 26, requires a majority vote of the total membership of the oversight board in order for the oversight board to take action]. A "majority vote" shall mean a majority of the full Board (i.e., four affirmative votes). their statement with the Secretary of the Oversight Board who will make the statements available for public inspection and reproduction (Gov. Code Section 81008). Statements for all designated Board Members will be retained by the Secretary of the Oversight Board of the Successor Agency to the Community Redevelopment Agency. shall designate an official to whom the department may make such 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 (e) Approval of Minutes: Unless requested by a majority of the Oversight Board, minutes of the previous meeting may be approved without public reading if the Secretary has previously furnished each board member with a copy thereof. (f) Public Comment: Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide an item entitled "Public Comment." The purpose of such item shall be to provide an opportunity for members of the public to directly address the Oversight Board on items of interest to the public that are within the subject matter jurisdiction of the Oversight Board. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. (g) Consent Agenda: Items of routine nature, and non-controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion upon unanimous consent. Prior to review of the consent agenda, any board member may request that any item be withdrawn from the consent agenda for separate consideration. (h) Call to Order: The meeting of the Oversight Board shall be called to order by the Chairperson, or in his/her absence, by the Vice Chairperson. The person calling meetings to order shall be referred to as the "Presiding Officer." In the absence of both the Chairperson and the Vice Chairperson, the meeting shall be called to order by the secretary to the Oversight Board and the Board shall select a Temporary Chairperson, who shall serve as the Presiding Officer for the meeting. (i) Participation of Presiding Officer: The Presiding Officer may move, . second, and debate, subject only to such limitations of debate as are imposed on all board members, and he or she shall not be deprived of any of the rights and privileges of a board member by reason of his or her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he or she desires to personally engage in extended debate on questions before the Oversight Board, he or she should consider temporarily turning his or her role as Presiding Officer over to another board member. (j) Question to be Stated: The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote, the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. (k) Maintenance of Order: The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer. nt pursuant to this Section 6. Rules, Decorum and Order (a) Points of Order: The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Oversight Board. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. (b) Decorum and Order- Board members: (i) Any board member desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate. (ii) A board member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a Point of Order is raised by another board member; or unless the speaker chooses to yield to questions from another board member. (iii) Any board member called to order while he or she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Oversight Board. (iv) Board members shall accord the utmost courtesy to each other, to city or Oversight Board employees, and to the public appearing before the Oversight Board and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. (v) Any board member may move to require the Presiding Officer to enforce the rules and the affimiative vote of a majority of the Oversight Board shall require him or her to so act. (vi) Except where specifically authorized by Oversight Board action, no board member shall make any statement or give the appearance or indicate in any way that he or she is representing the Oversight Board. (c) Decorum and Order - Employees: Members of the administrative staff of the Oversight Board shall observe the same rules of procedure and decorum applicable to board members. The Executive Director shall ensure that all Oversight Board employees observe such decorum. Any staff members, including the Executive Director, desiring to address the Oversight Board or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any one individual board member or member of the public. he next item of business. (k) Maintenance of Order: The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer. nt pursuant to this (d) Decorum and Order - Public: Members of the public attending Oversight Board meetings shall observe the same rules of order and decorum applicable to the Oversight Board. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Oversight Board or while attending the Oversight Board meeting shall be removed from the room and such person may be barred from further audience before the Oversight Board. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant-of-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. (e) Enforcement of Decorum: As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the board members may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Oversight Board from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. (f) Conflict of Interest: All board members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Oversight Board. (g) Limitation of Debate: No board member normally should speak more than once upon any one subject until every other board member choosing to speak thereon has spoken. No member shall speak for a longer time than five minutes each time he has the floor, without approval of a majority vote of the Oversight Board. (h) Dissents and Protests: Any board member shall have the right to express dissent from or protest to any action of the Oversight Board and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons . . . " (i) Procedures In Absence of Rules: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. (j) Rulings of Presiding Officer Final Unless Overruled: In presiding over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the board members present and voting. Section 7. Addressing the Oversight Board (a) Manner of Addressing the Oversight Board: Any member of the public desiring to address the Oversight Board shall proceed to the podium and wait to be recognized by the Presiding Officer. After being recognized, he shall state his name and address for the record. All remarks and questions shall be addressed to the Presiding Officer and not to any individual board member, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding Officer. (b) Time Limitation: For time limitation applicable to public comment, see Article III, Section (5). This limitation shall not apply to any staff presentation. (c) Addressing the Oversight Board After Motion Is Made: After a motion has been made, no member of the public shall address the Oversight Board without first securing.permission by a majority vote of the Oversight Board. (d) Limitations Regarding Public Comments and Reports: The making of oral communications to the Oversight Board by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations: At any time, before or after the oral communication is commenced, the Presiding Officer may if he or she deems it preferable, direct that the communication be made instead either to the Executive Director or other appropriate staff member during regular business hours, or in writing for subsequent submittal to board members. (e) Persons Authorized to be Within Platform: No person except Oversight Board Officials shall be permitted behind the Oversight Board dais without permission or consent of the Presiding Officer. Section 8. Motions (a) Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. (b) Motions Out of Order: The Presiding Officer may at any time, by majority consent of the board members, permit a board member to introduce a resolution or motion out of the regular agenda order. (c) Division of Question: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a board member shall (unless appealed), divide the same. sired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons . . . " (i) Procedures In Absence of Rules: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. (j) Rulings of Presiding Officer Final Unless Overruled: In presiding over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring (d) Procedure of Motions: When a motion is before the Oversight Board, no motion shall be entertained except the following, which shall have precedence in the following order: Adjourn Fix hour of adjournment Table Limit or terminate discussion Amend Postpone (e) Motion to Adjourn: (not debatable) A motion to adjourn shall be in order at any time, except as follows: When repeated without intervening business or discussion. When made as an interruption of a board member while speaking. When discussion has been ended, and vote on a motion is pending, and While a vote is being taken. (f) Motion to Fix Hour of Adiournment: Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote. (g) Motion to Table: A motion to table shall be used to temporarily by- pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. (h) Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. (i) Motion to Amend: A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Oversight Board may vote on the main motion as revised. t of the person seconding it. (b) Motions Out of Order: The Presiding Officer may at any time, by majority consent of the board members, permit a board member to introduce a resolution or motion out of the regular agenda order. (c) Division of Question: If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a board member shall (unless appealed), divide the same. sired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons . . . " (i) Procedures In Absence of Rules: In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide. (j) Rulings of Presiding Officer Final Unless Overruled: In presiding over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring Section 9. Votina. Procedure (a) Voting Procedure: In acting upon every motion, the vote shall be taken by roll call or by electronic vote. The vote on each motion shall then be entered in full upon the record. If the vote is by roll call, the order of voting shall be alphabetical with the Chairperson voting last. The Secretary shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye,' 'no' or 'abstain.' Any action or motion of the board shall require four (4) affirmative votes. Any member may change his or her vote before the next order of business. (b) Failure to Vote: A board member who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent. A board member abstaining for reasons other than conflict shall be counted as present for purposes of a quorum and such abstentions are counted with the majority. A board member who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining and such abstentions are also counted with the majority. (c) Reconsideration: Any board member who voted with the majority may move a reconsideration of any action at the same meeting. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Oversight Board. Section 10. Resolutions (a) Definitions: The Actions of the Oversight Board will take one of three forms: "resolution," "minute order," and "motion" (thereafter recorded by minute entry). Resolutions, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "minute order" as used locally denotes an Oversight Board action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. (b) Resolutions Prepared In advance: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed above, and result declared. It shall not be necessary to read a over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring resolution in full or by title except to identify it. Any member may require that the resolution be read in full. (c) Resolutions Not Prepared In Advance: Where a resolution has not been prepared in advance, the procedure shall be to instruct the Executive Director of the Successor Agency to prepare a resolution for presentation at the next Oversight Board meeting. (d) Urgency Resolutions: In matters of urgency, a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure described above shall be followed. ARTICLE II - MISCELLANEOUS Section 11. Amendments to Bylaws and Rules of Procedure The Bylaws and Rules of Procedure of the Oversight Board may be amended by the Oversight Board at any regular or special meeting by a vote of the majority of the Oversight Board members, provided that no such amendment shall be adopted unless at least seven days' written notice thereof has been previously given to all board members of the Oversight Board. Such notice shall identify the section or sections of the Bylaws and Rules of Procedure proposed to be amended. Section 12. Rules Directory To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Oversight Board. Section 10. Resolutions (a) Definitions: The Actions of the Oversight Board will take one of three forms: "resolution," "minute order," and "motion" (thereafter recorded by minute entry). Resolutions, in addition to being referenced in the minutes, will be recorded by a separate document, numbered in sequence and preserved in a separate set of books. Such "resolutions" are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document (with the additional "whereas" explanatory material it often recites) to facilitate such future reference and research. A "minute order" as used locally denotes an Oversight Board action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. (b) Resolutions Prepared In advance: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed above, and result declared. It shall not be necessary to read a over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring _1;6111-) AGENDA REPORT - OVERSIGHT BOARD Item #6 MEETING DATE: April 4, 2012 TITLE: Oversight Board Approval for the City Wide Master Storm Water Study and Design of Roadway Improvements to Michigan Street. PRESENTED BY: Richard Shields, Director of Building and Safety/Public Works RECOMMENDATION: Adopt a Resolution approving the preparation of a City Wide Master Storm Water Study and storm drain design; the design of Michigan Street right-of-way improvements; and the use of unexpended 2011 Redevelopment Bond Proceeds to fund the projects. BACKGROUND: The boundaries of the City of Grand Terrace are co-terminus with the boundaries of the former Redevelopment Project Area. The southwestern portion of the City is undeveloped and is an incomplete project of the former Redevelopment Agency. In 2011, Redevelopment tax allocation bonds were issued to fund the design and construction of infrastructure in this area so new development could occur. A presentation will be made to the Board during the April 4, 2012 meeting to provide a better understanding of the geographic area, its challenges, and possible solutions. Michigan Street is one of the two north-south through streets located east of the 1-215 freeway. As the City builds out and construction of the 1-215 moves forward, the current condition and width of Michigan Street inhibits local and regional growth. In addition, Michigan Street is currently a heavily used roadway with a patchwork of improved and unimproved shoulders making it difficult for pedestrian and bicycle traffic. The traffic circulation on Michigan Street needs to be studied and improved to carry the increased traffic flows for continuing economic development and to accommodate new bike lanes in each direction as well as new sidewalks for pedestrian travel. Prior to Michigan Street being improved, a new storm drain system must be installed under Michigan Street and the existing drainage facilities adjacent to and under the existing roadway need to be upgraded to allow drainage to be carried through the new storm drain. New storm drains are also needed in the cross streets, Main Street, Pico Street and Van Buren, to new retention areas adjacent to the 1-215 freeway where h future reference and research. A "minute order" as used locally denotes an Oversight Board action which is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. (b) Resolutions Prepared In advance: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed above, and result declared. It shall not be necessary to read a over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring storm flows make its way under the 1-215 then to the Santa Ana River. In accordance with State law, the City and County are required to regulate our storm flows before they enter the Santa Ana Regional Water System. ' Without the ability to handle increased traffic and properly direct storm flows, the build out of this area is stalled, to the determinant of all affected entities. The build out of this area, allowing Mixed Use under the City's 2010 General Plan, would generate significant new property tax revenue to be divided among those entities. Since the City last studied its hydrology and storm flows, significant construction on the east side of Grand Terrace has occurred over the years. Due to the City's topography, the storm water flows to the southwest to the area discussed above. Additional hydrology studies are now needed to determine the new storm water flows and understand what modifications are necessary to develop the impacted area. On September 28, 2011, a Request for Proposal (RFP) for professional services to design a City Wide Stormwater Master Plan and roadway improvements to Michigan Street was advertised in the newspaper and our City website. Four (4) consulting firms provided responses to the RFP. An interview panel made up of two local engineers and a professional was assembled to review the RFP's and select a firm for the design. On March 13, 2012, the City Council, acting as the Successor Agency, approved Resolution No. 2012-14 SA (Attachment 1) so this project could proceed forward to design and also approved a Professional Service Agreement with Albert A. Webb Associates. The Resolution also approved the use of 2011 Redevelopment bond proceeds for this project, to meet fiduciary obligations to the holders of the tax-exempt bonds. The table below (under Fiscal Impact) breaks down the contract costs for the study and design. Staff recommends that the Oversight Board approve the Successor Agency's action. FISCAL IMPACT: Staff is proposing to use $908,694.60 in unexpended bond proceeds for the Michigan Street design improvements, Master Stormwater Design, and additional storm drain design for Main Street, Pico Street and Van Buren. In June 2011, the Grand Terrace Community Redevelopment Agency sold 2011 "A" (tax—exempt) and 2011 "B" (taxable) Tax Allocation Bonds. Currently there is $13,510,568 of unexpended tax-exempt bond proceeds. The use of $908,694.60 in bonds funds would leave $12,018,178.80 of unused bond proceeds for construction and other projects listed in the bond documents. separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. (b) Resolutions Prepared In advance: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed above, and result declared. It shall not be necessary to read a over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring City Wide Master Stormwater Design $184,725 Michigan Street Improvement Design $300,153 As Needed Acquisition Services $142,776 Quote for Additional Storm Drain Design $198,432 Subtotal $826,086 10 % Contingency $82,608.60 Total Bond Proceed Request $908,694.60 Respectfully submitted: /s/ Richard Shields Richard Shields, Director of Building & Safety/Public Works ATTACHMENTS: 1. Resolution of the Oversight Board 2. Successor Agency Resolution 2012-14 SA approving the project 3. Professional Service Consultant Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. ATTACHMENT NO. 1 Resolution of the Oversight Board Street Improvement Design $300,153 As Needed Acquisition Services $142,776 Quote for Additional Storm Drain Design $198,432 Subtotal $826,086 10 % Contingency $82,608.60 Total Bond Proceed Request $908,694.60 Respectfully submitted: /s/ Richard Shields Richard Shields, Director of Building & Safety/Public Works ATTACHMENTS: 1. Resolution of the Oversight Board 2. Successor Agency Resolution 2012-14 SA approving the project 3. Professional Service Consultant Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. RESOLUTION NO. OB 2012- A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE APPROVING CERTAIN ACTIONS OF THE SUCCESSOR AGENCY AND FINDING THAT BOND PROCEEDS SHOULD BE USED TO FUND A CONTRACT FOR THE DESIGN OF MICHIGAN STREET AND STORM DRAIN IMPROVEMENTS WHEREAS, 2011A Bonds and 2011 Bonds ("Bonds") were issued by the Community Redevelopment Agency of the City of Grand Terrace prior to the implementation of ABX1 26 partly for the purpose of designing and constructing street and sewer and storm drain improvements on Michigan Street, Van Buren Street and Pico Street; WHEREAS, pursuant to Health and Safety Code Section 34177 (i), city, as successor to the Redevelopment Agency, is authorized to use the proceeds received from the issuance of bonds unless the purposes for which the Bonds were issued are no longer achievable; WHEREAS, the improvements to be constructed along Michigan Street, Van Buren and Pico Streets including storm drain and street reconstruction ("Project") are a public infrastructure project that is eligible for the tax-exempt bond financing; WHEREAS, the purpose for which the Bonds were issued is still achievable; WHEREAS, on March 13, 2012, the Successor Agency determined that the Project should proceed to design and be paid for from the Bond proceeds and approved a Professional Services Agreement to perform the required study and design; and WHEREAS, the Oversight Board for Successor Agency ("Oversight Board") has reviewed the Successor Agency's actions of March 13, 2012, and as described in Resolution 2012-14 SA, concerning the use of Redevelopment bond proceeds to fund a contract for the design of Michigan Street and storm drain improvements. NOW THEREFORE, BE IT RESOLVED by the Oversight Board, as follows: SECTION 1. The Oversight Board hereby determines that the Project should be completed as provided in AB1X 26 using Bond proceeds issued for that purpose to the extent necessary. rain design for Main Street, Pico Street and Van Buren. In June 2011, the Grand Terrace Community Redevelopment Agency sold 2011 "A" (tax—exempt) and 2011 "B" (taxable) Tax Allocation Bonds. Currently there is $13,510,568 of unexpended tax-exempt bond proceeds. The use of $908,694.60 in bonds funds would leave $12,018,178.80 of unused bond proceeds for construction and other projects listed in the bond documents. separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. (b) Resolutions Prepared In advance: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed above, and result declared. It shall not be necessary to read a over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring SECTION 2. The Oversight Board approves the Professional Service Agreement with Albert A. Webb Associates to perform the storm drain design and street improvements. PASSED, APPROVED, AND ADOPTED at the first meeting of the Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace, held on this the 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chairman, Oversight Board of Successor Agency to Grand Terrace Redevelopment Agency ATTEST: Oversight Board Secretary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. ATTACHMENT NO. 2 Successor Agency Resolution Service Agreement with Albert A. Webb Associates to perform the storm drain design and street improvements. PASSED, APPROVED, AND ADOPTED at the first meeting of the Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace, held on this the 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chairman, Oversight Board of Successor Agency to Grand Terrace Redevelopment Agency ATTEST: Oversight Board Secretary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. RESOLUTION NO. 2012 - 14 (SA) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, AS THE SUCCESSOR AGENCY TO THE GRAND TERRACE REDEVELOPMENT AGENCY, GRAND TERRACE, CALIFORNIA FINDING THAT BOND PROCEEDS SHOULD BE USED TO FUND A CONTRACT FOR THE DESIGN OF MICHIGAN STREET IMPROVEMENTS AND STORM DRAIN & STREET REHABILITATION PROJECT WHEREAS, the Grand Terrace Redevelopment Agency ("Agency") was a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health & Safety Code § 33000 et seq.) ("CRL"); WHEREAS, the City of Grand Terrace is a municipal corporation and a general law city under the California Government Code ("City"); WHEREAS, on or about January 9th, 2012, the City opted to serve as Successor Agency to the Grand Terrace Redevelopment Agency; WHEREAS, on or about January 9th, 2012, the City adopted a resolution assuming all rights, powers, assets, liabilities, duties, obligations and functions associated with the housing activities of the Agency pursuant to Health and Safety Code Section 34176; WHEREAS, 2011A Bonds and 2011 B Bonds ("Bonds") were issued by the Agency prior to the implementation of ABX1 26 partly for the purpose of designing and constructing street and sewer improvements on Michigan Street. Van Buren Street and Pico Street; WHEREAS, pursuant to Health & Safety Code Section 34177(i), City, as the successor to the Agency, is authorized to use the proceeds received from the issuance of the Bonds unless the purpose for which the Bonds were issued are no longer achievable; WHEREAS, the improvements to be constructed along Michigan Street, Van Buren Street and Pico Street including storm drain and street rehabilitation, ("Project") are a public infrastructure project that is eligible for the tax-exempt bond financing; WHEREAS, the purpose for which the. Bonds were issued is still achievable; that the Project should be completed as provided in AB1X 26 using Bond proceeds issued for that purpose to the extent necessary. rain design for Main Street, Pico Street and Van Buren. In June 2011, the Grand Terrace Community Redevelopment Agency sold 2011 "A" (tax—exempt) and 2011 "B" (taxable) Tax Allocation Bonds. Currently there is $13,510,568 of unexpended tax-exempt bond proceeds. The use of $908,694.60 in bonds funds would leave $12,018,178.80 of unused bond proceeds for construction and other projects listed in the bond documents. separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. (b) Resolutions Prepared In advance: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed above, and result declared. It shall not be necessary to read a over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring WHEREAS, the City, as Successor Agency to the Grand Terrace Redevelopment Agency, has determined that the Project should proceed to design to be paid for from Bond proceeds as may be necessary. WHEREAS, the City Council desires to approve a Professional Service Agreement to perform the storm drain designs and street improvements. NOW THEREFORE, THE GRAND TERRACE CITY COUNCIL DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. The City, as Successor Agency to the Grand Terrace Redevelopment Agency, hereby determines that the Project should be completed as provided for in AB 1 X 26 using Bond proceeds issued for that purpose to the extent necessary. SECTION2. The City Council approves the Professional Service Agreement with Albert A Webb Associates attached hereto to perform the storm drain design and street improvements, and directs the City Manager to execute the Agreement. SECTION3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. ADOPTED, SIGNED AND APPROVED this 13th day of March, 2012. Mayor of the City of Grand Terrace ATTEST: %IRA!,LO N.0t,t _Af)) City ClerkDf the City of Gran t errace X1 26 partly for the purpose of designing and constructing street and sewer improvements on Michigan Street. Van Buren Street and Pico Street; WHEREAS, pursuant to Health & Safety Code Section 34177(i), City, as the successor to the Agency, is authorized to use the proceeds received from the issuance of the Bonds unless the purpose for which the Bonds were issued are no longer achievable; WHEREAS, the improvements to be constructed along Michigan Street, Van Buren Street and Pico Street including storm drain and street rehabilitation, ("Project") are a public infrastructure project that is eligible for the tax-exempt bond financing; WHEREAS, the purpose for which the. Bonds were issued is still achievable; that the Project should be completed as provided in AB1X 26 using Bond proceeds issued for that purpose to the extent necessary. rain design for Main Street, Pico Street and Van Buren. In June 2011, the Grand Terrace Community Redevelopment Agency sold 2011 "A" (tax—exempt) and 2011 "B" (taxable) Tax Allocation Bonds. Currently there is $13,510,568 of unexpended tax-exempt bond proceeds. The use of $908,694.60 in bonds funds would leave $12,018,178.80 of unused bond proceeds for construction and other projects listed in the bond documents. separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. (b) Resolutions Prepared In advance: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed above, and result declared. It shall not be necessary to read a over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring 1, TRACEY R. MARTINEZ, CITY CLERK of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 13th day of March, 2012 by the following vote: AYES: Councilmembers McNaboe, Sandoval and Hays, Mayor Prbr., Tem Garcia and Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: None Tracey R. artinez, City CI, I k APPROVED AS TO FORM: City Attorney ATTEST: Oversight Board Secretary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. ATTACHMENT NO. 3 Professional Services Agreement for the Project certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 13th day of March, 2012 by the following vote: AYES: Councilmembers McNaboe, Sandoval and Hays, Mayor Prbr., Tem Garcia and Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: None Tracey R. artinez, City CI, I k APPROVED AS TO FORM: City Attorney ATTEST: Oversight Board Secretary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. PROFESSIONAL SERVICES AGREEMENT Albert A. Webb Associates Incorporated THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and entered into this 13th day of March 2012, ("Effective Date")by and between the CITY OF GRAND TERRACE("City"), a public entity, and ALBERT A. WEBB ASSOCIATES INCORPORATED, ("Professional"), a California Corporation. 1. Scope of Services. City agrees to retain Professional and Professional does hereby retain and agree to provide the services more particularly described in Exhibit "A", "Scope of Services" ("Services"), attached hereto and incorporated herein by reference, in conjunction with Design Services for a City Wide Stromwater Master Plan, Design improvements to Michigan Street and design storm drains for Pico Street and Van Buren Street. ("Services"). 2. Term. This Agreement shall be effective on the date first written above unless otherwise provided in Exhibit "A" Scope of Services and the Agreement shall remain in effect until December 31, 2012,unless otherwise terminated pursuant to the provisions herein. 3. Compensation/Payment. Professional shall perform the Services under this Agreement for the total sum not to exceed EIGHT HUNRED TWENTY SIX THOUSAND EIGHTY SIX DOLLARS, ($826,086) Payment shall be made in accordance with City's usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4,hereof. 4. Notices.Any notices required to be given hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail,certified and postage prepaid, addressed to the party to be served as follows: To City To City of Grand Terrace Albert A.Webb Associates, Inc. 22795 Barton Rd. Bldg. B 3788 McCray Street Grand Terrace, CA 92313 Riverside,Ca 92506 5. Prevailing Wage. If applicable, Professional and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented the City Council of the City of Grand Terrace. The Director's determination is on file and open to inspection in the office of the City Clerk and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein. projects listed in the bond documents. separate document is made to memorialize it. However, sequential numbering shall be assigned to each motion to facilitate indexing. (b) Resolutions Prepared In advance: Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote pursuant to methods prescribed above, and result declared. It shall not be necessary to read a over Oversight Board meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring 6. Contract Administration. A designee of the City will be appointed to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator. 7. Standard of Performance. While performing the Services, Professional shall exercise the reasonable care and skill customarily exercised by reputable members of Professionals in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its skill and expertise. 8. Personnel. Professional shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Professional recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit "B" attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval. 9. Assignment and Subcontracting.Neither party shall transfer any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in writing satisfactory to the parties. Professional shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City's Contract Administrator. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement,including without limitation,the insurance obligations set forth in Section 13. Professional acknowledges that any transfer of rights may require City Manager and/or City Council approval. 10. Independent Contractor. In the performance of this Agreement, Professional and his employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City or the City of Grand Terrace. Professional acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers' compensation or unemployment insurance to Professional or to professional's employees, subcontractors and agents. Professional as an independent contractor shall be responsible for any and all taxes that apply to professional as an employer. 11. Pers Eligibility Indemnity. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System("PERS") to be eligible for enrollment in PERS as an employee of the City, Professional shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 2 Notwithstanding any other agency, state or federal policy, rule,regulation,law or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 12 Indemnifications. 12.1 Indemnity. Except as to the sole negligence or willful misconduct of the City, Professional shall defend, indemnify and hold the City, and its officers,employees and agents, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorneys' fees, which arises out of or is in any way connected with the performance of work under this Agreement by Professional or any of the Professional 's employees, agents or subcontractors and from all claims by Professional 's employees, subcontractors and agents for compensation for services rendered to in the performance of this Agreement, notwithstanding that the City may have benefitted from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Professional or of Professional's employees, subcontractors or agents. 12.2 Attorney's Fees. The parties expressly agree that any payment, attorneys' fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City's self- administered workers'compensation is included as a loss,expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement. 13. Insurance. 13.1 General Provisions. Prior to the City's execution of this Agreement, Professional shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City's Risk Manager or City Attorney,or a designee,unless such modification is prohibited by law. 13.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Professional's indemnification obligations under Section 12 hereof. 13.1.2 Ratings. Any insurance policy or coverage provided by Professional as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder's rating of A-or higher and a Financial Class of VII or higher. 13.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid. 3 ees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 2 13.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Professional pursuant to this Agreement are adequate to protect. If Professional believes that any required insurance coverage is inadequate, Professional will obtain such additional insurance coverage as deems adequate, at Professional's sole expense. 13.2 Workers' Compensation Insurance: By executing this Agreement, certifies that Professional is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation, or to undertake self- insurance before commencing any of the work. Professional shall carry the insurance or provide for self- insurance required by California law to protect said Professional from claims under the Workers' Compensation Act. Prior to City's execution of this Agreement, Professional shall file with City either(1) a certificate of insurance showing that such insurance is in effect, or that professional is self-insured for such coverage, or(2) a certified statement that Professional has no employees, and acknowledging that if Professional does employ any person,the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days prior written notice before modification or cancellation thereof. 13.3 Commercial General Liability and Automobile Insurance. Prior to City's execution of this Agreement,Professional shall obtain,and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Professional. The City and the City, and its officers, employees and agents, shall be named as additional insureds under the Professional's insurance policies. 13.3.1 Professional's commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent 's liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than$2,000,000. 13.3.2 Professionals automobile liability policy shall cover both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Professional's automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Professional's performance of this Agreement, which vehicles shall include, but are not limited to, owned vehicles, leased vehicles, Professional's employee vehicles, non-owned vehicles and hired vehicles. 13.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual 4 form of commercial general and automobile liability insurance policies, but shall include the following provisions: It is agreed that the City of Grand Terrace and its officers, employees and agents, are added as additional insures under this policy, solely for work done by and on behalf of the named insured for the City of Grand Terrace. 13.4 Subcontractors' Insurance. Professional shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City's request,Professional shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section. 14. Business Tax. Professional understands that the Services performed under this Agreement constitutes doing business in the City of Grand Terrace, and Professional agrees that Professional will register for and pay a business tax pursuant to Chapter 5.04 of the Grand Terrace Municipal Code and keep such tax certificate current during the term of this Agreement. 15. Time of Essence. Time is of the essence for each and every provision of this Agreement. 16. City's Right to Employ Other. City reserves the right to employ other in connection with the Services. 17. Solicitation. Professional warrants that they have not employed or retained any person or City to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay only for the value of work has actually performed,or,in its sole discretion,to deduct from the Agreement price or otherwise recover from Professional the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement. 18. General Compliance with Laws. Professional shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Professional, or in any way affect the performance of services by professional pursuant to this Agreement. Professional shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. 19. Amendments. This Agreement may be modified or amended only by a written Agreement and/or change order executed by the Professional and the City. 20. Termination. City,by notifying professional in writing, shall have the right to terminate any or all of professional's services and work covered by this Agreement at any time, with or without cause. 5 cles. 13.3.3 Prior to City's execution of this Agreement, copies of insurance policies or original certificates and additional insured endorsements evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual 4 In the event of such termination, professional may submit s final written statement of the amount of 's services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City's rights under Sections 16 and 21 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City. 20.1 Other than as stated below, City shall give Professional thirty (30) days prior written notice prior to termination. 20.2 City may terminate this Agreement upon fifteen (15) days written notice to Professional, in the event: 20.2.1 Professional substantially fails to perform or materially breaches the Agreement and Professional does not cure such failure or breach within such fifteen (15) days of receipt of the notice of termination; or 20.2.2 City decides to abandon or postpone the Services. 21. Offsets. Professional acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which professional owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to professional . Notice of such withholding and offset shall promptly be given to Professional by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 22. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Professional and its permitted successors and assigns, and shall not be assigned by, Professional either in whole or in part,except as otherwise provided in paragraph 9 of this Agreement. 23. Governing Law, Venue, Dispute Resolution and Attorneys' Fees. This Agreement shall be governed by and construed in accordance with laws of the State of California. Prior to commencing suit in a court of competent jurisdiction, any controversy, dispute or claim arising out of the Agreement shall first be submitted to an alternative dispute resolution process as set forth in Section 24 herein. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof,including reasonable attorneys'fees,to be set by the court in such action. 24. Alternative Dispute Resolution. In the event of any controversy, dispute or claim arising out of or relating to this Agreement, the parties hereto shall consult and negotiate with each other and, 6 coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual 4 recognizing their mutual interest, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days, the matter shall be submitted to an alternative dispute resolution process, either nonbinding arbitration or mediation, ("Process") by written notice from either party to the other. The parties shall meet and confer in good faith and select a Process and an arbitrator or a mediator that is agreeable to both sides. The selected Process shall be completed no later that 120 days ("Process Period") after tender of the aforementioned written notice, unless the Parties mutually agree to an extension of the Process Period. If the matter is not successfully resolved by the selected Process, within the Process Period, the parties are free to commence litigation in a court of competent jurisdiction as defined in Section 23 herein. Any litigation commenced without both parties' consent prior to the end of the Process Period, shall be subject to a stay until the end of the Process Period. The Parties further agree to equally bear the cost of the Process. 25. Nondiscrimination. During Professional's performance of this Agreement, Professional shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Professional agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 26. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 27. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Professional each represent and warrant that they have the legal power, right and actual authority to bind professional to the terms and conditions hereof and thereof. 28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, nor is neither party relying on, any representation or warranty outside those expressly set forth in this Agreement. 29. Interpretation. City and Professional acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 7 yees and agents, as additional insureds. Said policies shall be in the usual 4 29 I fides and captions are Itw eon\clllciice of reference only and do not del inc. describe '1 Illllll Ilse scope or the intent Lit the Agreement or any of its terms. References It, settling numbers are to section, in the Agreement tile,.expressl\ stated'Ahem iu' _'t►.? I his Agreement ,hall he governed h1 and construed in accordance \\Ilh the laws of the tit:uc'I Caliturnla In etleet al the time l)1.the executlun 'I this Agreement _'t/.; In the e\ent of a conflict between the body of this Agreement and Exhibit " \"I"Scope of tier\lee,"I hereto. the terms eulttallletf in Exhibit • A•• ,hall he iunlrulllni :Al Exhibits. The following e hlhn, attached hereto ate incorporated herein In this Agreement h\ this relercnce. Fxhilat "A" -Scope of Services and fees Exhibit "R" - Key Personnel IN \Vfl'NESS WHEREOF IERt OF Cit. and Professional have caused Ihic ,\greement to be duly executed the day and year first above written -Mk CITY OF (;RAND TERRACE.. \ public body r M Adams City Manager Albert A. Vichb A,.ocla(es Inc l41 I JI raecy Marlinnet By: j ((��, It /- C'it\ Clerk Immo] Name AFPRC)VNI)AS TO FORM: J' (' . t _t (Title) Richard L. Athos--- C'it\ Attorney 8 y, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, or sexual orientation, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Professional agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement. 26. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 27. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Professional each represent and warrant that they have the legal power, right and actual authority to bind professional to the terms and conditions hereof and thereof. 28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, nor is neither party relying on, any representation or warranty outside those expressly set forth in this Agreement. 29. Interpretation. City and Professional acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 7 yees and agents, as additional insureds. Said policies shall be in the usual 4 AGENDA REPORT - OVERSIGHT BOARD ��QMOEa:o,a Item # 7 MEETING DATE: April 4, 2012 TITLE: Recognized Obligation Payment Schedule —January 1, 2012 to June 30, 2012 PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Adopt a Resolution Approving a Recognized Obligation Payment Schedule (ROPS). BACKGROUND: Pursuant to ABx1 26, the Successor Agency is obligated to prepare a Draft Recognized Payment Schedule (ROPS) and submit it to the Oversight Board for approval. According to a letter published by the Director of the California Department of Finance, the Successor Agency is to submit to the Department of Finance on or before April 15, 2012 a ROPS as approved by the Oversight Board. DISCUSSION: On February 28, 2012, pursuant to ABx1 26, the City of Grand Terrace as Successor Agency prepared and adopted a draft Recognized Obligation Payment Schedule for the period January 1, 2012 through June 30, 2012. The Recognized Obligation Payment Schedule is now to be considered for approval by the Oversight Board. Once approved, only payments on the approved ROPS may be paid. The draft ROPS was prepared based on staff understanding of ABx1 26 and guidance by the City Attorney's Staff along with information from professional organizations such as the California Redevelopment Association and California League of Cities. The Department of Finance is currently "auditing" the draft ROPS. and may provide clarification on certain line item obligations. There is also pending litigation that may effect what is on the ROPS. On March 13, 2012, the City Council acting as the Successor Agency approved a contract for design services for infrastructure improvements and Michigan St. roadway improvements to be paid from 2011 Tax Allocation bond proceeds. Accordingly, Staff is amending the draft IROPS because this item was approved after the February 28, 2012 presentation date of the draft ROPS. Staff is amending the ROPS for item #18 on page two — Michigan St. improvements: design and ROW acquisition and amending the total debt to $908,695 and estimating d shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 27. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Professional each represent and warrant that they have the legal power, right and actual authority to bind professional to the terms and conditions hereof and thereof. 28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, nor is neither party relying on, any representation or warranty outside those expressly set forth in this Agreement. 29. Interpretation. City and Professional acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 7 yees and agents, as additional insureds. Said policies shall be in the usual 4 an amount to be paid through June 2012. There has been no objection by the Department of Finance on this item. Prior to the meeting at which this matter is being considered, staff of the Successor Agency has provided to the members of the Oversight Board the draft Recognized Obligation Payment Schedule (as approved by the Successor Agency, the "Draft ROPS") as earlier approved by the Successor Agency, together with a copy of those items listed on the Draft ROPS. Upon approval by the Oversight Board, the Draft ROPS would become the "ROPS." FISCAL IMPACT: There is no fiscal impact with this report. Respectfully submi : 4.4A Bernie Simon, Finance Director ATTACHMENTS: 1) Resolution 2) Recognized Obligation Payment Schedule (ROPS) —January 1, 2012 to June 30, 2012 3) 2-28-12 Successor Agency Staff Report Adopting IROPS Oversight Board Action Approved as Recommended: Denied/Other: Board Motion: hrough June 30, 2012. The Recognized Obligation Payment Schedule is now to be considered for approval by the Oversight Board. Once approved, only payments on the approved ROPS may be paid. The draft ROPS was prepared based on staff understanding of ABx1 26 and guidance by the City Attorney's Staff along with information from professional organizations such as the California Redevelopment Association and California League of Cities. The Department of Finance is currently "auditing" the draft ROPS. and may provide clarification on certain line item obligations. There is also pending litigation that may effect what is on the ROPS. On March 13, 2012, the City Council acting as the Successor Agency approved a contract for design services for infrastructure improvements and Michigan St. roadway improvements to be paid from 2011 Tax Allocation bond proceeds. Accordingly, Staff is amending the draft IROPS because this item was approved after the February 28, 2012 presentation date of the draft ROPS. Staff is amending the ROPS for item #18 on page two — Michigan St. improvements: design and ROW acquisition and amending the total debt to $908,695 and estimating d shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 27. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Professional each represent and warrant that they have the legal power, right and actual authority to bind professional to the terms and conditions hereof and thereof. 28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, nor is neither party relying on, any representation or warranty outside those expressly set forth in this Agreement. 29. Interpretation. City and Professional acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 7 yees and agents, as additional insureds. Said policies shall be in the usual 4 RESOLUTION NO. OB 2012- A RESOLUTION OF THE OVERSIGHT BOARD OF SUCCESSOR AGENCY . THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE WHEREAS, the Oversight Board for Successor Agency to Grand Terrace Community Redevelopment Agency ("Oversight Board" as applicable) has met and has duly considered a draft recognized obligation payment schedule for the period January 1, 2012 through June 30, 2012 in the form submitted by the Successor Agency (the "Draft ROPS"); and WHEREAS, prior to its meeting on April 4, 2012, the members of the Oversight Board have been provided with copies of the Draft ROPS and instruments referenced in the Draft ROPS; and WHEREAS, the Oversight Board has reviewed the Draft ROPS and those instruments referenced in the Draft ROPS; and WHEREAS, the Oversight Board desires to express and memorialize its approval of the Draft ROPS as the Recognized Obligation Payment Schedule duly approved by the Oversight Board, a Recognized Obligation Payment Schedule in the form attached hereto, which consists of the Draft ROPS with additions or deletions made by and at the instance of the Oversight Board; NOW THEREFORE, BE IT RESOLVED by the Oversight Board, as follows: SECTION 1. The Oversight Board finds and determines that the foregoing recitals are true and correct. SECTION 2. The Oversight Board approves as the Recognized Obligation Payment Schedule for the period January 1, 2012 through June 30, 2012 (the "ROPS") a Recognized Obligation Payment Schedule in the form attached hereto, which consists of the Draft ROPS with additions or deletions made by and at the instance of the Oversight Board. SECTION 3. The Successor Agency is authorized and directed to submit the ROPS to the California Department of Finance. SECTION 4. The Successor Agency shall maintain on file as a public record this Resolution and the ROPS as approved hereby. is amending the ROPS for item #18 on page two — Michigan St. improvements: design and ROW acquisition and amending the total debt to $908,695 and estimating d shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 27. Authority: The individuals executing this Agreement and the instruments referenced herein on behalf of Professional each represent and warrant that they have the legal power, right and actual authority to bind professional to the terms and conditions hereof and thereof. 28. Entire Agreement: This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, nor is neither party relying on, any representation or warranty outside those expressly set forth in this Agreement. 29. Interpretation. City and Professional acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. 7 yees and agents, as additional insureds. Said policies shall be in the usual 4 PASSED, APPROVED, AND ADOPTED at a special meeting of the Oversight Board of Successor Agency to Community Redevelopment Agency of the City of Grand Terrace, held on this the 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chairman, Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace ATTEST: Oversight Board Secretary None Tracey R. artinez, City CI, I k APPROVED AS TO FORM: City Attorney ATTEST: Oversight Board Secretary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. ATTACHMENT Recognized Obligations Payment Schedule (ROPS) For the Period January 1, 2012 to June 30, 2012 Agency of the City of Grand Terrace, held on this the 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chairman, Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace ATTEST: Oversight Board Secretary None Tracey R. artinez, City CI, I k APPROVED AS TO FORM: City Attorney ATTEST: Oversight Board Secretary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. Name of Redevelopment Agency: City of Grand Terrace as Sucessor Agency to Grand Terrace Community Redevelopment Agency Page 1 of 2 Pages Project Area(s) Grand Terrace Project Area 04/04/12 RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34177 Total Outstanding Payments by month* Debtor Total Due During Jan Feb Mar Apr May Jun Project Name/Debt Obligation Payee Description Obligation Fiscal Year 2012 2012 2012 2012 2012 2012 Total Funding Source" 1)2004 Tax Allocation Bonds US Bank Bonds for housing&non-housing projects 3,790,812 2.002,376 36,188 1,966,188 2,002,376 RPTTA/BP 2)2011 A Tax Allocation Bond US Bank Bonds for non-housing projects 29,163,212 1,100,498 420,900 679.598 1.100.498 RPTTA 3)2011 B Tax Allocation Bond US Bank Bonds for non-housing projects 9,698,770 635,185 209,545 425,640 635,185 RPTTA 4)Trustee Fees US Bank Trustee fees on bonds 266,530 12,115 12,115 12,115 RPTTA 5)Zion Loan Zion First National Bank Refinanced refunding of bonds for project: 2.421,052 254,848 127,424 127,424 254,848 RPTTA 6)SERAF Transfer Housing Fund Repayment of loan for SERAF 448,636 448,636 448,636 448,636 RPTTA 7)Repayment of Debt Service SB Valley Muni Water Repay incorrect debt service distrib by SB 2,295.360 232,888 ' 232,888 232,888 RPTTA 8)Agency Attorney Jones and Mayer Legal consulting on dissolution 48,000 48,000 4,000 4,000 4.000 4,000 4,000 4,000 24,000 RPTTA 9)Stater Brothers OPA Stater Brothers Markets Payment on participation agreement 1,207,500 241,500 60,375 181,125 241,500 RPTTA 10)Commercial Exteriors Viking Investments Prop Shopping center rehabilitation 220,429 220,429 220,429 220,429 RPTTA 11)Neighborhood Imp.Grant Qualified residents Exterior improvements/correct violations 39,035 39,035 7,807 7,807 7,807 7,807 7,807 39,035 RPTTA 12)Baseball Field Improvements Rock Bottom Construction of baseball field 42,469 42,469 42,469 42,469 RPTTA 13)Vista Grande Park Improvements Foundation of GT Installation of park Improvements 35,000 35,000 20,000 15,000 35,000 RPTTA 14)Mich/Bartan/LaPaix Lee and Stires/Webb Ass Infrastructure Improvements 535,671 535,671 36,281 - 16,995 10,000 63,276 RPTTA 151 Residual Receipts City of Grand Terrace Affordable housing payment agreement 3,000,000 300,000 300,000 300,000 RPTTA 16)Developer MOU Grand Tarr Partners LLC Terminate development agreement 375,000 375,000 375,000 375,000 RPTTA 17)Employee Costs City of Grand Terrace Agency direct employee costs 8,725.740 379,380 31,617 31.617 31,617 31,617 31,617 31,617 189,702 RPTTA/ACA/RB 18)Employee Costs City of Grand Terrace Agency direct employee costs-PERS 2,500,000 62,620 5,218 5,218 5,218 5,218 5,218 5,218 31,308 RPTTA/ACA/RB 19)Office Rent/Cost Allocation City of Grand Terrace Office space and operations 5,796,000 252,000 21,000 21,000 21,000 21,000 21,000 21,000 126,000 RPTTA/ACA/RB 20)Cost Allocation-Adm 0/H City of Grand Terrace G&A Administration indirect overhead 765,785 33,295 2,775 2,775 2,775 2,775 2,775 2,775 16,650 RPTTA/ACA/RB 21)Cost Allocation-Adm 0/H City of Grand Terrace G&A Administration indirect 0/H Insurers 690,000 30,000 2,500 2,500 2.500 2,500 2,500 2.500 15,000 RPTTA/ACA/RB 22)Consulting Services RSG Annual reporting requirements/administrat 25,000 25,000 2,500 2,500 5,000 5,000 10,000 25,000 RPTTA 231 Consulting Services City News Group Advertising/Noticing 10,000 10,000 2,500 2,500 2,500 2,500 2,500 12,500 RPTTA 24)Consulting Services Smothers Appraisers Property Appraisals 13,400 13,400 9,000 4,400 13,400 RPTTA 25)Consulting Services Webb&Associates Traffic Engineering 125,000 50,000 4,000 4.000 4,000 4,000 4.000 20,000 RPTTA 26)Consulting Services ACE Weed Abatement Weed abatement for Agency property 100,000 20,000 10,000 10.000 20,000 RPTTA 27)Consulting Services K&A Engineering Infrastructure study/design 30,442 30,442 15,000 15,000 30,000 RPTTA 28)Consulting Services Chamber of Commerce Business development services 20,600 10,300 860 860 860 860 860 860 5,160 RPTTA 29)Consulting Services Urban Futures Continuing Disclosure Reporting-bond iss 84,000 7,000 3,500 3,500 7,000 RPTTA 30)Professional Services Stradling Yocca Attorney Services 4,000 4,000 1,000 2,000 1,000 4,000 RPTTA $ - Totals-This Page $ 72,477.443 $ 7,451,087 $ 338.139 5892,949 5 532,741 $ 161,152 $132,277 $4,485,717 $ 6,542,975 Totals-Page 2 $150,793,555 $ 6,888,345 $1,159,388 $ 25,500 $ 30,500 $ 345,500 $103,000 $5,221,457 $ 6,885,345 Totals-Page 3 $ - $ - 5 - $ - $ - $ - $ - $ - $ - Totals-Page 4 $ - $ - $ - $ - $ - $ - $ - $ - 5 - Totals-Other Obligations $ _ _- $ - $ - $ - $ - $ - $ - $ _ ? - $ - Grand total-All Pages _$223,270,998 $ 14,339,432_$1,497,527_$918,449 I$563,241 S 1$ 506,652 6235,277(9,707,174 ti a 13,428,320 *Payment amount Is extlmated,If exact payment amount Is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other Name of Redevelopment Agency: City of Grand Terrace as Sucessor Agency to Grand Terrace Community Redevelolment Agency Page 2 of 2 Pages Project Area(s) Grand Terrace Project Area 04/04/12 RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34177 Payments by month Total Outstanding Total Due During Jan Feb Mar Apr May Jun Project Name/Debt Obligation Payee Description Debt or Obligation Fiscal Year 2012 2012 2012 2012 2012 2012 Total Funding Source" 1)Statutory Pass Through City of Grand Terrace Statutory payment obligation 4,800,000 80,000 80,000 80,000 RPTTA 2)Statutory Pass Through San Bernardino Comm Co Statutory payment obligation 4,800,000 80,000 80,000 80,000 RPTTA 3)Negotiated Pass Through Colton Joint USD Payment per agreement 10,861,960 1,158,888 1,158,888 - 1,158,888 RPTTA 4)Pass Through pd by County Taxing entities Payment per agreement 59,855,506 2,000,000 2,000,000 2,000,000 RPTTA 5)Housing Fund Deficit Low/Mod Housing Fund Statutory housing set aside 48,321,575 1,238,790 1,238,790 1,238,790 RPTTA 6)Professional Services HDL Property tax allocation reconciliation 56,000 8,000 2,500 5,500 8,000 RPTTA 7)Demolition of structures Contractor Demolition 21974 DeBerry 15,000 15,000 15,000 15,000 RPTTA 8)Consulting Services Contractor Bond Arbitrage Rebate Calculation and R 80,500 3,500 3,500 3,500 RPTTA 9)Agency Owned Property Various contractors Property Maintenance and Insurance 30,000 6,000 500 500 500 500 500 500 3,000 RPTTA 10)Auditing Services RAMS Required annual auditing services 70,000 10,000 10,000 10,000 RPTTA 11)Consulting Services contractors Prof Svcs-Agency Disoiution-Oversight 200,000 50,000 10,000 10,000 10,000 10,000 10,000 50,000 RPTTA 12)Professional Services Special Counsel Successor Agencyand Oversight Board 140,000 35,000 5,000 5,000 5,000 10,000 10,000 35,000 RPTTA 13)Low Mod Property Purchase Housing Authority Purchase property-commercial district 463,167 463,167 463,167 463,167 RB 14)Grand Terrace Project Area Successor Agency-Contra 2011A Bond Indenture-Public Infrastructi 13,510,568 500,000 25oc000 250,000 500,000 BP ' g kt-� ���'f �4.� ._f':.�4, "i•,...i,L'� VCA'. .`r.v4:SeY'.:vf;M:1:Y.vl ii,- .,4L.n,.;�r _ t.i.i-,- 15) Southwest project area: infrastructure study and design a"" ��:'):.�.�. ^r:_.._ �,c1w���� �s.k:; .5-,�.+�r.. � `-=f^ ...-,� _ -a�:- >�!�z'i:�r'��„'�'F, - - t%3;� -.- BP 16) Southwest project area: infrastructure construction se;'x$�l t'i1t " r 5 ,w a T":. ?? t rx.I3-, `,,Sir �9.r `,a"`s.��&:;:a'r~" ,PV,,a-° ' ���,Mr x sex .�, .�v, BP 17) Barton Road infrastructure improvements s��.z ,� ".' l��,�.��'��_ .,�.�x ai'a�r r?� g�`� :��: ,°:5�.� w, :. BP 18) Michigan Street improv !Webb&Assoc-3/13/12 Michigan Street design 8.ROW acquisitir 908,695 240,000 - - - 80,000 80,000 80,000 240,000 BP 19) Michigan Street improvements:construction - :INt .i =I .S it' = . ,m= ' " ;A: >1 1 `" "', -'a• =-„ !f!i5.''a a'a "'�_S`':ii.� 9 :c k _.`-..;,.'y:,-� Fc' 'SP3: ,:V.�s .:t' z�,rj BP �"` i�` r� `,?Sj 13,,,,, toe `�l�. .1010sw rzex&-,s u' " r's^.i ti,_,.,,`-: BP 20) Union Pacific/Barton Road bridge construction v �r-:. 21) Strom drain and street rehabilitation: Van Buren,Pico,and Main Streets '4¢44: kV;SUMM,f,14i,MAltritMEI Vic' :�� ''a +-Y'�?$At, "��"a'`iTZ ; .�'.F r ?? ":.w,=r BP 22) Mt.Vernon slope stabilization ii 4.„ • IX? ir,a�nca Wnr3W"1"P �' 15= + 5. W04x�*`S'4 .`.__ cAV-'xy. 47"Vk ; BP 23) Vista Grande Park construction Intlat tom._Wril ( %MI 1 5001454 .s" '«' BP 24)Grand Terrace Project Area (Property Sellers 2011E Bond Indenture-Property Acquisit 3,622,784 1,000,000 1,000,000 1,000,000 BP 25) Land Assembly for Southwest mixed-use area c,riSf;G:;'��,in h..t-fki.i6;1.1i4f..1Z4.11•:5 A.i:, .<i,P.,' ;-;'a""x; s'�^«V-...,a.� �;,�:;k�j• .,.�,;�:�1.e. 3.: ,.:fig! <a. BP 26) Land Assembly on Barton Road Yam*%dal i� `li Mr k.Ml'_..' . ' " it fir. `M`.e+M-,:" .r'+a '; BP 27)2004 TABS Reserve Bond Reserve Requirement 1,300,000 - - BP 28)2011A TABS Reserve Bond Reserve Requirement 1,280,894 - - BP 29)2011B TABS Reserve Bond Reserve Requirement 476,906 - - BP 30) - 31) - 32) - 33) - 34) - 35) - 36) - 37) - 38) - 39) - 40) - Totals-This Page $ 150,793,555.00 $ 6,888,345.00 $1,159,388.00 $25,500.00_$30,500.00 $ 345,500.00 $103,000.00 $5,221,457.00 $ 6,885,345.00 'Payment amount Is estimated,If exact payment amount is not known. ••LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other - $ - $ - 5 - Totals-Other Obligations $ _ _- $ - $ - $ - $ - $ - $ - $ _ ? - $ - Grand total-All Pages _$223,270,998 $ 14,339,432_$1,497,527_$918,449 I$563,241 S 1$ 506,652 6235,277(9,707,174 ti a 13,428,320 *Payment amount Is extlmated,If exact payment amount Is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other Approvals Finance Director (if applicable) b.s. City Attorney rk i _ City Manager bma rs•71,:,ri v 23 AGENDA REPORT MEETING DATE: February 28, 2012 City Item ( ) Successor Agency ( X ) TITLE: Successor Agency Adoption of Enforceable Obligation Payment Schedule (EOPS) and Preliminary Initial Recognized Obligation Payment Schedule (IROPS) PRESENTED BY: Bernie Simon, Finance Director RECOMMENDATION: Adopt Enforceable Obligation Payment Schedule and Draft Initial Recognized Obligation Payment Schedule BACKGROUND: On December 29, 2011, in the CRA v. Matosantos case, the Court upheld ABX1 26 and invalidated ABX1 27 thereby eliminating redevelopment agencies and the voluntary option to pay to continue redevelopment. All redevelopment agencies in California will be dissolved effective February 1, 2012 with assets, properties, and documents transferred to the successor agencies. On January 10, 2012 the City Council adopted a resolution to be the successor agency to the Grand Terrace Community Redevelopment Agency (Agency). On January 30, 2012 the Agency board adopted the amended Enforceable Obligation Payment Schedule (EOPS) and adopted the amended Initial Recognized Obligation Payment Schedule (IROPS) under H & S §34169 and remitted those reports to the City of Grand Terrace (City) as the Successor Agency. The Successor Agency must adopt an Enforceable Obligation Payment Schedule (EOPS) and, by March 1, must adopt an Initial Recognized Obligation Payment Schedule (IROPS) in accordance with H & S §34177. DISCUSSION: Enforceable Obligation Payment Schedule (EOPS) — February 1, 2012 until valid ROPS Staff used the initial EOPS from August 23, 2011 and updated the schedule for enforceable obligations of the successor agency through June 30, 2012. The EOPS SUCCESSOR AGENCY ITEM NO. 3 00 10,000 10,000 35,000 RPTTA 13)Low Mod Property Purchase Housing Authority Purchase property-commercial district 463,167 463,167 463,167 463,167 RB 14)Grand Terrace Project Area Successor Agency-Contra 2011A Bond Indenture-Public Infrastructi 13,510,568 500,000 25oc000 250,000 500,000 BP ' g kt-� ���'f �4.� ._f':.�4, "i•,...i,L'� VCA'. .`r.v4:SeY'.:vf;M:1:Y.vl ii,- .,4L.n,.;�r _ t.i.i-,- 15) Southwest project area: infrastructure study and design a"" ��:'):.�.�. ^r:_.._ �,c1w���� �s.k:; .5-,�.+�r.. � `-=f^ ...-,� _ -a�:- >�!�z'i:�r'��„'�'F, - - t%3;� -.- BP 16) Southwest project area: infrastructure construction se;'x$�l t'i1t " r 5 ,w a T":. ?? t rx.I3-, `,,Sir �9.r `,a"`s.��&:;:a'r~" ,PV,,a-° ' ���,Mr x sex .�, .�v, BP 17) Barton Road infrastructure improvements s��.z ,� ".' l��,�.��'��_ .,�.�x ai'a�r r?� g�`� :��: ,°:5�.� w, :. BP 18) Michigan Street improv !Webb&Assoc-3/13/12 Michigan Street design 8.ROW acquisitir 908,695 240,000 - - - 80,000 80,000 80,000 240,000 BP 19) Michigan Street improvements:construction - :INt .i =I .S it' = . ,m= ' " ;A: >1 1 `" "', -'a• =-„ !f!i5.''a a'a "'�_S`':ii.� 9 :c k _.`-..;,.'y:,-� Fc' 'SP3: ,:V.�s .:t' z�,rj BP �"` i�` r� `,?Sj 13,,,,, toe `�l�. .1010sw rzex&-,s u' " r's^.i ti,_,.,,`-: BP 20) Union Pacific/Barton Road bridge construction v �r-:. 21) Strom drain and street rehabilitation: Van Buren,Pico,and Main Streets '4¢44: kV;SUMM,f,14i,MAltritMEI Vic' :�� ''a +-Y'�?$At, "��"a'`iTZ ; .�'.F r ?? ":.w,=r BP 22) Mt.Vernon slope stabilization ii 4.„ • IX? ir,a�nca Wnr3W"1"P �' 15= + 5. W04x�*`S'4 .`.__ cAV-'xy. 47"Vk ; BP 23) Vista Grande Park construction Intlat tom._Wril ( %MI 1 5001454 .s" '«' BP 24)Grand Terrace Project Area (Property Sellers 2011E Bond Indenture-Property Acquisit 3,622,784 1,000,000 1,000,000 1,000,000 BP 25) Land Assembly for Southwest mixed-use area c,riSf;G:;'��,in h..t-fki.i6;1.1i4f..1Z4.11•:5 A.i:, .<i,P.,' ;-;'a""x; s'�^«V-...,a.� �;,�:;k�j• .,.�,;�:�1.e. 3.: ,.:fig! <a. BP 26) Land Assembly on Barton Road Yam*%dal i� `li Mr k.Ml'_..' . ' " it fir. `M`.e+M-,:" .r'+a '; BP 27)2004 TABS Reserve Bond Reserve Requirement 1,300,000 - - BP 28)2011A TABS Reserve Bond Reserve Requirement 1,280,894 - - BP 29)2011B TABS Reserve Bond Reserve Requirement 476,906 - - BP 30) - 31) - 32) - 33) - 34) - 35) - 36) - 37) - 38) - 39) - 40) - Totals-This Page $ 150,793,555.00 $ 6,888,345.00 $1,159,388.00 $25,500.00_$30,500.00 $ 345,500.00 $103,000.00 $5,221,457.00 $ 6,885,345.00 'Payment amount Is estimated,If exact payment amount is not known. ••LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other - $ - $ - 5 - Totals-Other Obligations $ _ _- $ - $ - $ - $ - $ - $ - $ _ ? - $ - Grand total-All Pages _$223,270,998 $ 14,339,432_$1,497,527_$918,449 I$563,241 S 1$ 506,652 6235,277(9,707,174 ti a 13,428,320 *Payment amount Is extlmated,If exact payment amount Is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other also generally follows the budget and includes additional costs that may be anticipated to wind down the agency through the end of the fiscal year. After February 1st, only the obligations listed on the EOPS may be paid until a valid Recognized Obligation Payment Schedule (ROPS) is recognized. Generally under H & S §34171 an enforceable obligation means: a) bonds, as defined by applicable code sections b) Loans c) Payments required by federal and state governments d) Judgments and settlements e) Any legal and binding agreement f) Contracts necessary for administration or operations of the successor agency g) Amounts borrowed from or owed to RDA Low Mod Fund h) Excludes certain loans between agencies creating the redevelopment agency and within certain periods. Recognized Obligation Payment Schedule (ROPS) — May 1, 2012 and valid ROPS The successor agency must approve a draft ROPS. The ROPS is generally a summarized version of the.EOPS. Staff is drafting the ROPS to mirror the EOPS, save for differences in coverage dates. After May 1, 2012, only the payments listed on the ROPS may be paid by the successor agency and will replace the EOPS. However, the final ROPS must be certified in order to be valid. In order to be a certified, the ROPS must be: 1) audited by an external auditor for accuracy 2) submitted to and approved by the oversight board 3) a copy of the ROPS approved by the oversight board is submitted to the a) County Auditor Controller, b) California Dept of Finance, c) posted on website of successor agency. A new ROPS must be completed every six months, and each ROPS must cover at least six months into the future. Unresolved and Unclear issues A) Administrative costs limitations — currently the proposed EOPS and ROPS does not consider the up to 5.0% of property tax allocated to the Redevelopment Obligation Retirement Fund for the 2011-2012 fiscal year (3.0% every fiscal year thereafter), with a minimum allocation of $250,000. It is unclear how the limitation will work for the partial first year implementation. The exact definition of an administrative cost is also vague in what constitutes an administrative cost. On the other hand, certain activities related to r Agency-Contra 2011A Bond Indenture-Public Infrastructi 13,510,568 500,000 25oc000 250,000 500,000 BP ' g kt-� ���'f �4.� ._f':.�4, "i•,...i,L'� VCA'. .`r.v4:SeY'.:vf;M:1:Y.vl ii,- .,4L.n,.;�r _ t.i.i-,- 15) Southwest project area: infrastructure study and design a"" ��:'):.�.�. ^r:_.._ �,c1w���� �s.k:; .5-,�.+�r.. � `-=f^ ...-,� _ -a�:- >�!�z'i:�r'��„'�'F, - - t%3;� -.- BP 16) Southwest project area: infrastructure construction se;'x$�l t'i1t " r 5 ,w a T":. ?? t rx.I3-, `,,Sir �9.r `,a"`s.��&:;:a'r~" ,PV,,a-° ' ���,Mr x sex .�, .�v, BP 17) Barton Road infrastructure improvements s��.z ,� ".' l��,�.��'��_ .,�.�x ai'a�r r?� g�`� :��: ,°:5�.� w, :. BP 18) Michigan Street improv !Webb&Assoc-3/13/12 Michigan Street design 8.ROW acquisitir 908,695 240,000 - - - 80,000 80,000 80,000 240,000 BP 19) Michigan Street improvements:construction - :INt .i =I .S it' = . ,m= ' " ;A: >1 1 `" "', -'a• =-„ !f!i5.''a a'a "'�_S`':ii.� 9 :c k _.`-..;,.'y:,-� Fc' 'SP3: ,:V.�s .:t' z�,rj BP �"` i�` r� `,?Sj 13,,,,, toe `�l�. .1010sw rzex&-,s u' " r's^.i ti,_,.,,`-: BP 20) Union Pacific/Barton Road bridge construction v �r-:. 21) Strom drain and street rehabilitation: Van Buren,Pico,and Main Streets '4¢44: kV;SUMM,f,14i,MAltritMEI Vic' :�� ''a +-Y'�?$At, "��"a'`iTZ ; .�'.F r ?? ":.w,=r BP 22) Mt.Vernon slope stabilization ii 4.„ • IX? ir,a�nca Wnr3W"1"P �' 15= + 5. W04x�*`S'4 .`.__ cAV-'xy. 47"Vk ; BP 23) Vista Grande Park construction Intlat tom._Wril ( %MI 1 5001454 .s" '«' BP 24)Grand Terrace Project Area (Property Sellers 2011E Bond Indenture-Property Acquisit 3,622,784 1,000,000 1,000,000 1,000,000 BP 25) Land Assembly for Southwest mixed-use area c,riSf;G:;'��,in h..t-fki.i6;1.1i4f..1Z4.11•:5 A.i:, .<i,P.,' ;-;'a""x; s'�^«V-...,a.� �;,�:;k�j• .,.�,;�:�1.e. 3.: ,.:fig! <a. BP 26) Land Assembly on Barton Road Yam*%dal i� `li Mr k.Ml'_..' . ' " it fir. `M`.e+M-,:" .r'+a '; BP 27)2004 TABS Reserve Bond Reserve Requirement 1,300,000 - - BP 28)2011A TABS Reserve Bond Reserve Requirement 1,280,894 - - BP 29)2011B TABS Reserve Bond Reserve Requirement 476,906 - - BP 30) - 31) - 32) - 33) - 34) - 35) - 36) - 37) - 38) - 39) - 40) - Totals-This Page $ 150,793,555.00 $ 6,888,345.00 $1,159,388.00 $25,500.00_$30,500.00 $ 345,500.00 $103,000.00 $5,221,457.00 $ 6,885,345.00 'Payment amount Is estimated,If exact payment amount is not known. ••LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other - $ - $ - 5 - Totals-Other Obligations $ _ _- $ - $ - $ - $ - $ - $ - $ _ ? - $ - Grand total-All Pages _$223,270,998 $ 14,339,432_$1,497,527_$918,449 I$563,241 S 1$ 506,652 6235,277(9,707,174 ti a 13,428,320 *Payment amount Is extlmated,If exact payment amount Is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other particular projects involving staff time may be listed as separate "enforceable obligations." B) Use of unencumbered bond proceeds — Proceeds received from tax exempt bonds must be used for tax exempt purposes or there is risk that the tax exempt status of the bonds sold may be jeopardized. Staff believes that the obligation to expend the proceeds for the intended purpose is dictated by the bond indenture and therefore has listed the expending of the bond proceeds as an obligation of the successor agency. This approach has been confirmed by the Department of Finance. Furthermore, staff believes that there is no reason the purpose of the bond proceeds may not be achieved. FISCAL IMPACT: There are no fiscal impacts by the adoption of the resolutions. Respectfully submitted: /s/ Bernie Simon Bernie Simon, Finance Director ATTACHMENTS: Resolution adopting EOPS and IROPS Council Action Approved as Recommended: _ _ _ Denied/Other: Council Motion: for differences in coverage dates. After May 1, 2012, only the payments listed on the ROPS may be paid by the successor agency and will replace the EOPS. However, the final ROPS must be certified in order to be valid. In order to be a certified, the ROPS must be: 1) audited by an external auditor for accuracy 2) submitted to and approved by the oversight board 3) a copy of the ROPS approved by the oversight board is submitted to the a) County Auditor Controller, b) California Dept of Finance, c) posted on website of successor agency. A new ROPS must be completed every six months, and each ROPS must cover at least six months into the future. Unresolved and Unclear issues A) Administrative costs limitations — currently the proposed EOPS and ROPS does not consider the up to 5.0% of property tax allocated to the Redevelopment Obligation Retirement Fund for the 2011-2012 fiscal year (3.0% every fiscal year thereafter), with a minimum allocation of $250,000. It is unclear how the limitation will work for the partial first year implementation. The exact definition of an administrative cost is also vague in what constitutes an administrative cost. On the other hand, certain activities related to r Agency-Contra 2011A Bond Indenture-Public Infrastructi 13,510,568 500,000 25oc000 250,000 500,000 BP ' g kt-� ���'f �4.� ._f':.�4, "i•,...i,L'� VCA'. .`r.v4:SeY'.:vf;M:1:Y.vl ii,- .,4L.n,.;�r _ t.i.i-,- 15) Southwest project area: infrastructure study and design a"" ��:'):.�.�. ^r:_.._ �,c1w���� �s.k:; .5-,�.+�r.. � `-=f^ ...-,� _ -a�:- >�!�z'i:�r'��„'�'F, - - t%3;� -.- BP 16) Southwest project area: infrastructure construction se;'x$�l t'i1t " r 5 ,w a T":. ?? t rx.I3-, `,,Sir �9.r `,a"`s.��&:;:a'r~" ,PV,,a-° ' ���,Mr x sex .�, .�v, BP 17) Barton Road infrastructure improvements s��.z ,� ".' l��,�.��'��_ .,�.�x ai'a�r r?� g�`� :��: ,°:5�.� w, :. BP 18) Michigan Street improv !Webb&Assoc-3/13/12 Michigan Street design 8.ROW acquisitir 908,695 240,000 - - - 80,000 80,000 80,000 240,000 BP 19) Michigan Street improvements:construction - :INt .i =I .S it' = . ,m= ' " ;A: >1 1 `" "', -'a• =-„ !f!i5.''a a'a "'�_S`':ii.� 9 :c k _.`-..;,.'y:,-� Fc' 'SP3: ,:V.�s .:t' z�,rj BP �"` i�` r� `,?Sj 13,,,,, toe `�l�. .1010sw rzex&-,s u' " r's^.i ti,_,.,,`-: BP 20) Union Pacific/Barton Road bridge construction v �r-:. 21) Strom drain and street rehabilitation: Van Buren,Pico,and Main Streets '4¢44: kV;SUMM,f,14i,MAltritMEI Vic' :�� ''a +-Y'�?$At, "��"a'`iTZ ; .�'.F r ?? ":.w,=r BP 22) Mt.Vernon slope stabilization ii 4.„ • IX? ir,a�nca Wnr3W"1"P �' 15= + 5. W04x�*`S'4 .`.__ cAV-'xy. 47"Vk ; BP 23) Vista Grande Park construction Intlat tom._Wril ( %MI 1 5001454 .s" '«' BP 24)Grand Terrace Project Area (Property Sellers 2011E Bond Indenture-Property Acquisit 3,622,784 1,000,000 1,000,000 1,000,000 BP 25) Land Assembly for Southwest mixed-use area c,riSf;G:;'��,in h..t-fki.i6;1.1i4f..1Z4.11•:5 A.i:, .<i,P.,' ;-;'a""x; s'�^«V-...,a.� �;,�:;k�j• .,.�,;�:�1.e. 3.: ,.:fig! <a. BP 26) Land Assembly on Barton Road Yam*%dal i� `li Mr k.Ml'_..' . ' " it fir. `M`.e+M-,:" .r'+a '; BP 27)2004 TABS Reserve Bond Reserve Requirement 1,300,000 - - BP 28)2011A TABS Reserve Bond Reserve Requirement 1,280,894 - - BP 29)2011B TABS Reserve Bond Reserve Requirement 476,906 - - BP 30) - 31) - 32) - 33) - 34) - 35) - 36) - 37) - 38) - 39) - 40) - Totals-This Page $ 150,793,555.00 $ 6,888,345.00 $1,159,388.00 $25,500.00_$30,500.00 $ 345,500.00 $103,000.00 $5,221,457.00 $ 6,885,345.00 'Payment amount Is estimated,If exact payment amount is not known. ••LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other - $ - $ - 5 - Totals-Other Obligations $ _ _- $ - $ - $ - $ - $ - $ - $ _ ? - $ - Grand total-All Pages _$223,270,998 $ 14,339,432_$1,497,527_$918,449 I$563,241 S 1$ 506,652 6235,277(9,707,174 ti a 13,428,320 *Payment amount Is extlmated,If exact payment amount Is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other RESOLUTION NO. A. RESOLUTION OF THE CITY OF GRAND TERRACE AS SUCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY ADOPTING THE ENFORCEABLE OBLIGATIONS. PAYMENT SCHEDULE (EOPS) AND INITIAL RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (IROPS) AS REQUIRED BY HEALTH.AND SAFETY CODE SECTION 34177. WHEREAS, the Grand Terrace Community Redevelopment Agency, Grand Terrace, California ("Agency") was formed for the purpose of revitalizing areas .within the City of Grand Terrace pursuant to Health and Safety Code Section 33000, et. seq.; WHEREAS, AB X1 26 required the dissolution of all redevelopment agencies in the state, including prohibitions on certain actions by these agencies and requiring certain actions to be taken; WHEREAS, AB X1 27 provided that redevelopment agencies ("Agency") could enter into a Voluntary Alternative Redevelopment Program ("VARP"); WHEREAS, In California Redevelopment Association v. Matosantos, the California Supreme Court upheld AB X1 26 allowing for the dissolution of city redevelopment agencies and overturning AB X1 27 thus precluding redevelopment agencies continued existence as a VARP; WHEREAS, on or about August 23, 2011, the Agency adopted an Enforceable Obligation Payment Schedule _(EOPS) pursuant to .Health and Safety Code Section 34169(g); WHEREAS, on or about September 27, 2011, the Agency adopted an Initial Recognized Obligation Payment Schedule (IROPS) pursuant to Health and Safety Code Section 34169(h);.and WHEREAS, on January 10, 2012, the City as Successor Agency adopted Resolution 2012-01 electing to serve as the successor agency to the Grand Terrace Community Redevelopment Agency pursuant to Health and Safety Code Section 34176; and WHEREAS, on January 24, 2012, the City as Successor Agency adopted Resolution 2012-04 establishing a Redevelopment Obligation Fund pursuant to Health and Safety Code Section 34170.5(A); and WHEREAS, on January 30, 2012, the Agency adopted resolution 2012-02 amending the Enforceable Obligations Payment Schedule (EOPS) pursuant to Health and- Safety Code Section 34169(g) and amending the Initial Recognized Obligations to r Agency-Contra 2011A Bond Indenture-Public Infrastructi 13,510,568 500,000 25oc000 250,000 500,000 BP ' g kt-� ���'f �4.� ._f':.�4, "i•,...i,L'� VCA'. .`r.v4:SeY'.:vf;M:1:Y.vl ii,- .,4L.n,.;�r _ t.i.i-,- 15) Southwest project area: infrastructure study and design a"" ��:'):.�.�. ^r:_.._ �,c1w���� �s.k:; .5-,�.+�r.. � `-=f^ ...-,� _ -a�:- >�!�z'i:�r'��„'�'F, - - t%3;� -.- BP 16) Southwest project area: infrastructure construction se;'x$�l t'i1t " r 5 ,w a T":. ?? t rx.I3-, `,,Sir �9.r `,a"`s.��&:;:a'r~" ,PV,,a-° ' ���,Mr x sex .�, .�v, BP 17) Barton Road infrastructure improvements s��.z ,� ".' l��,�.��'��_ .,�.�x ai'a�r r?� g�`� :��: ,°:5�.� w, :. BP 18) Michigan Street improv !Webb&Assoc-3/13/12 Michigan Street design 8.ROW acquisitir 908,695 240,000 - - - 80,000 80,000 80,000 240,000 BP 19) Michigan Street improvements:construction - :INt .i =I .S it' = . ,m= ' " ;A: >1 1 `" "', -'a• =-„ !f!i5.''a a'a "'�_S`':ii.� 9 :c k _.`-..;,.'y:,-� Fc' 'SP3: ,:V.�s .:t' z�,rj BP �"` i�` r� `,?Sj 13,,,,, toe `�l�. .1010sw rzex&-,s u' " r's^.i ti,_,.,,`-: BP 20) Union Pacific/Barton Road bridge construction v �r-:. 21) Strom drain and street rehabilitation: Van Buren,Pico,and Main Streets '4¢44: kV;SUMM,f,14i,MAltritMEI Vic' :�� ''a +-Y'�?$At, "��"a'`iTZ ; .�'.F r ?? ":.w,=r BP 22) Mt.Vernon slope stabilization ii 4.„ • IX? ir,a�nca Wnr3W"1"P �' 15= + 5. W04x�*`S'4 .`.__ cAV-'xy. 47"Vk ; BP 23) Vista Grande Park construction Intlat tom._Wril ( %MI 1 5001454 .s" '«' BP 24)Grand Terrace Project Area (Property Sellers 2011E Bond Indenture-Property Acquisit 3,622,784 1,000,000 1,000,000 1,000,000 BP 25) Land Assembly for Southwest mixed-use area c,riSf;G:;'��,in h..t-fki.i6;1.1i4f..1Z4.11•:5 A.i:, .<i,P.,' ;-;'a""x; s'�^«V-...,a.� �;,�:;k�j• .,.�,;�:�1.e. 3.: ,.:fig! <a. BP 26) Land Assembly on Barton Road Yam*%dal i� `li Mr k.Ml'_..' . ' " it fir. `M`.e+M-,:" .r'+a '; BP 27)2004 TABS Reserve Bond Reserve Requirement 1,300,000 - - BP 28)2011A TABS Reserve Bond Reserve Requirement 1,280,894 - - BP 29)2011B TABS Reserve Bond Reserve Requirement 476,906 - - BP 30) - 31) - 32) - 33) - 34) - 35) - 36) - 37) - 38) - 39) - 40) - Totals-This Page $ 150,793,555.00 $ 6,888,345.00 $1,159,388.00 $25,500.00_$30,500.00 $ 345,500.00 $103,000.00 $5,221,457.00 $ 6,885,345.00 'Payment amount Is estimated,If exact payment amount is not known. ••LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other - $ - $ - 5 - Totals-Other Obligations $ _ _- $ - $ - $ - $ - $ - $ - $ _ ? - $ - Grand total-All Pages _$223,270,998 $ 14,339,432_$1,497,527_$918,449 I$563,241 S 1$ 506,652 6235,277(9,707,174 ti a 13,428,320 *Payment amount Is extlmated,If exact payment amount Is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other Payment Schedule (IROPS) pursuant to Health and Safety Code Section 34169(h) and remitted such schedules to the City as Successor Agency; and NOW THEREFORE, THE GRAND TERRACE REDEVELOPMENT AGENCY DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. The Agency finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution. SECTION 2. Pursuant to Health and Safety Code Section 34169(g) and 34169(h), the.amended EOPS are attached hereto as Attachment 1, and the amended IROPS attached hereto as Attachment 2, are hereby approved, adopted and incorporated by reference by the Successor Agency pursuant to Health and Safety Code Section 34177. SECTION 3. The City Manager is hereby authorized to expend funds in accordance with the amended EOPS and amended IROPS until such time a certified Recognized Obligations Payment Schedule (ROPS) is adopted. SECTION 4. The Agency Secretary shall certify to the adoption of this Resolution. PASSED APPROVED AND ADOPTED this 28th day of February, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Walt Stanckiewitz, Chairman ATTEST: Tracey R. Martinez, Agency Secretary APPROVED AS TO FORM: ted an Enforceable Obligation Payment Schedule _(EOPS) pursuant to .Health and Safety Code Section 34169(g); WHEREAS, on or about September 27, 2011, the Agency adopted an Initial Recognized Obligation Payment Schedule (IROPS) pursuant to Health and Safety Code Section 34169(h);.and WHEREAS, on January 10, 2012, the City as Successor Agency adopted Resolution 2012-01 electing to serve as the successor agency to the Grand Terrace Community Redevelopment Agency pursuant to Health and Safety Code Section 34176; and WHEREAS, on January 24, 2012, the City as Successor Agency adopted Resolution 2012-04 establishing a Redevelopment Obligation Fund pursuant to Health and Safety Code Section 34170.5(A); and WHEREAS, on January 30, 2012, the Agency adopted resolution 2012-02 amending the Enforceable Obligations Payment Schedule (EOPS) pursuant to Health and- Safety Code Section 34169(g) and amending the Initial Recognized Obligations to r Agency-Contra 2011A Bond Indenture-Public Infrastructi 13,510,568 500,000 25oc000 250,000 500,000 BP ' g kt-� ���'f �4.� ._f':.�4, "i•,...i,L'� VCA'. .`r.v4:SeY'.:vf;M:1:Y.vl ii,- .,4L.n,.;�r _ t.i.i-,- 15) Southwest project area: infrastructure study and design a"" ��:'):.�.�. ^r:_.._ �,c1w���� �s.k:; .5-,�.+�r.. � `-=f^ ...-,� _ -a�:- >�!�z'i:�r'��„'�'F, - - t%3;� -.- BP 16) Southwest project area: infrastructure construction se;'x$�l t'i1t " r 5 ,w a T":. ?? t rx.I3-, `,,Sir �9.r `,a"`s.��&:;:a'r~" ,PV,,a-° ' ���,Mr x sex .�, .�v, BP 17) Barton Road infrastructure improvements s��.z ,� ".' l��,�.��'��_ .,�.�x ai'a�r r?� g�`� :��: ,°:5�.� w, :. BP 18) Michigan Street improv !Webb&Assoc-3/13/12 Michigan Street design 8.ROW acquisitir 908,695 240,000 - - - 80,000 80,000 80,000 240,000 BP 19) Michigan Street improvements:construction - :INt .i =I .S it' = . ,m= ' " ;A: >1 1 `" "', -'a• =-„ !f!i5.''a a'a "'�_S`':ii.� 9 :c k _.`-..;,.'y:,-� Fc' 'SP3: ,:V.�s .:t' z�,rj BP �"` i�` r� `,?Sj 13,,,,, toe `�l�. .1010sw rzex&-,s u' " r's^.i ti,_,.,,`-: BP 20) Union Pacific/Barton Road bridge construction v �r-:. 21) Strom drain and street rehabilitation: Van Buren,Pico,and Main Streets '4¢44: kV;SUMM,f,14i,MAltritMEI Vic' :�� ''a +-Y'�?$At, "��"a'`iTZ ; .�'.F r ?? ":.w,=r BP 22) Mt.Vernon slope stabilization ii 4.„ • IX? ir,a�nca Wnr3W"1"P �' 15= + 5. W04x�*`S'4 .`.__ cAV-'xy. 47"Vk ; BP 23) Vista Grande Park construction Intlat tom._Wril ( %MI 1 5001454 .s" '«' BP 24)Grand Terrace Project Area (Property Sellers 2011E Bond Indenture-Property Acquisit 3,622,784 1,000,000 1,000,000 1,000,000 BP 25) Land Assembly for Southwest mixed-use area c,riSf;G:;'��,in h..t-fki.i6;1.1i4f..1Z4.11•:5 A.i:, .<i,P.,' ;-;'a""x; s'�^«V-...,a.� �;,�:;k�j• .,.�,;�:�1.e. 3.: ,.:fig! <a. BP 26) Land Assembly on Barton Road Yam*%dal i� `li Mr k.Ml'_..' . ' " it fir. `M`.e+M-,:" .r'+a '; BP 27)2004 TABS Reserve Bond Reserve Requirement 1,300,000 - - BP 28)2011A TABS Reserve Bond Reserve Requirement 1,280,894 - - BP 29)2011B TABS Reserve Bond Reserve Requirement 476,906 - - BP 30) - 31) - 32) - 33) - 34) - 35) - 36) - 37) - 38) - 39) - 40) - Totals-This Page $ 150,793,555.00 $ 6,888,345.00 $1,159,388.00 $25,500.00_$30,500.00 $ 345,500.00 $103,000.00 $5,221,457.00 $ 6,885,345.00 'Payment amount Is estimated,If exact payment amount is not known. ••LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other - $ - $ - 5 - Totals-Other Obligations $ _ _- $ - $ - $ - $ - $ - $ - $ _ ? - $ - Grand total-All Pages _$223,270,998 $ 14,339,432_$1,497,527_$918,449 I$563,241 S 1$ 506,652 6235,277(9,707,174 ti a 13,428,320 *Payment amount Is extlmated,If exact payment amount Is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other Richard L. Adams, Agency Attorney State of California ) County of San Bernardino )ss. State of California ) I, Tracey R. Martinez, hereby certify that I am the duly appointed City Clerk of the City of Grand Terrace and the Agency Secretary of the Community Redevelopment Agency of the City of Grand Terrace and that the foregoing resolution was duly adopted at a special meeting of the City Council and the Community Redevelopment Agency of the City of Grand Terrace held on the 28th day of February, 2012. Tracey R. Martinez, Agency Secretary tary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. ATTACHMENT 1 Enforceable Obligations Payment Schedule (EOPS) County of San Bernardino )ss. State of California ) I, Tracey R. Martinez, hereby certify that I am the duly appointed City Clerk of the City of Grand Terrace and the Agency Secretary of the Community Redevelopment Agency of the City of Grand Terrace and that the foregoing resolution was duly adopted at a special meeting of the City Council and the Community Redevelopment Agency of the City of Grand Terrace held on the 28th day of February, 2012. Tracey R. Martinez, Agency Secretary tary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. City of Grand Terrace as Successor Agency to Community Redevelopment Agency 02/28/12 Page 1 of 2 Pages City of Grand Terrace Community Redevelopment Agency 1/30/2012 ENFORCEABLE OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34167 and 34169(*) Total Total Due Payments by Month Project Name/Debt Payee Description Outstanding During Fiscal Obligation Debt or Year Obligation Jan Feb Mar Apr May Jun Total 2012 2012 2012 2012 2012 2012 1)2004 Tax Allocation Bonds US Bank . Bonds for housing&non-housing projects 3,790,812 2,002,376 36,188 1,966,188 2,002,376 2)2011 A Tax Allocation Bond US Bank Bonds for non-housing projects 29,163,212 1,100,498 420,900 679,598 1,100,498 3)2011 B Tax Allocation Bond US Bank Bonds for non-housing projects 9,698,770- 635,185 209,545 425,640 635,185 4)Trustee Fees US Bank Trustee fees on bonds 266,530 12,115 12,115 12,115 5)Zion Loan Zion First National Bank Refinanced refunding of bonds for projects 2,421,052 254,848 127,424 127,424 254,848 6)SERAF Transfer Housing Fund Repayment of loan for SERAF 448,636 448,636 448,636 448,636 7)Repayment of Debt Service SB Valley Muni Water Repay incorrect debt service distrib by SBAC 2,295,360 232,888 232,888 232,888 8)Agency Attorney Jones and Mayer Legal consulting on dissolution 48,000 48,000 4,000 4,000 4,000 4,000 4,000 4,000 24,000 9)Stater Brothers OPA Stater Brothers Markets Payment on participation agreement 1,207,500 241,500 60,375 181,125 241,500 10)Commercial Exteriors Viking Investments Prop Shopping center rehabilitation 220,429 220,429 220,429 220,429 11)Neighborhood Imp.Grant Qualified residents Exterior improvements/correct violations 39,035 39,035 7,807 7,807 7,807 7,807 7,807 39,035 12)Baseball Field Improvements Rock Bottom Construction of baseball field 42,469 42,469 42,469 42,469 13)Vista Grande Park Improvements Foundation of GT Installation of park improvements 35,000 35,000 20,000 15,000 35,000 14)Mich/Barton/LaPaix Lee and Stires/Webb Ass Infrastructure improvements 535,671 535,671 36,281 - 16,995 10,000 63,276 15)Residual Receipts City of Grand Terrace Affordable housing payment agreement 3,000,000 300,000 300,000 300,000 16)Developer MOU Grand Terr Partners LLC Terminate development agreement 375,000 375,000 375,000 375,000 17)Employee Costs City of Grand Terrace Agency direct employee costs 8,725,740 379,380 31,617 31,617 31,617 31,617 31,617 31,617 189,702 18)Employee Costs City of Grand Terrace Agency direct employee costs-PERS 2,500,000 62,620 5,218 5,218 5,218 5,218 5,218 5,218 31,308 19)Office Rent/Cost Allocation City of Grand Terrace Office space and operations 5,796,000 252,000 21,000 21,000 21,000 21,000 21,000 21,000 126,000 20)Cost Allocation-Adm 0/H City of Grand Terrace G&A Administration indirect overhead 765,785 33,295 2,775 2,775 2,775 2,775 2,775 2,775 16,650 21)Cost Allocation-Adm 0/H City of Grand Terrace G&A Administration indirect 0/H Insurance 690,000 30,000 2,500 2,500 2,500 2,500 2,500 2,500 15,000 22)Consulting Services RSG Annual reporting requirements/administration 25,000 25,000 2,500 2,500 5,000' 5,000 10,000 25,000 23)Consulting Services City News Group Advertising/Noticing 10,000 10,000 2,500 2,500 2,500 2,500 2,500 12,500 24)Consulting Services Smothers Appraisers Property Appraisals 13,400 13,400 9,000 4,400 13,400 25)Consulting Services Webb&Associates Traffic Engineering 125,000 50,000 4,000 4,000 4,000 4,000 4,000 20,000 26)Consulting Services ACE Weed Abatement Weed abatement for Agency property 100,000 20,000 10,000 10,000 20,000 27)Consulting Services K&A Engineering Infrastructure study/design 30,442 30,442 15,000 15,000 30,000 28)Consulting Services Chamber of Commerce Business development services 20,600 10,300 860 860 860 860 860 860 5,160 29)Consulting Services Urban Futures Continuing Disclosure Reporting-bond issues 84,000 7,000 3,500 3,500 7,000 30) Professional Services Stradling Yocca Attorney Services 4,000 4,000 1,000 2,000 1,000 4,000 Totals-This Page $ 72,477,443 $ 7,451,087 $ 338,139 $ 892,949 $532,741 $161,152 $132,277 $4,485,717 $ 6,542,975 Totals-Other Obligations $ 149,884,860 $ 6,648,345 $1,159,388 $ 25,500 $ 30,500 $265,500 $ 23,000 $5,141,457 $ 6,645,345 Grand total-All Pages L$ 222,362,303 0$ 14,099,432 0$1,497,527 II$ 918,449 U$563,241 0$426,652 0$155,277 0$9,627,174 0$13,188,320 * Revised Enforceable Obligation Payment Schedule(EOPS)is to be adopted by the redevelopment agency no later than late February 1,2012.It is valid through 06/30/12. "" Recognized Obligation Payment Schedule(ROPS),which must be prepared by the dissolving Agency.(The draft ROPS must be prepared by the Successor Agency by 03/01/12.) $ - $ _ ? - $ - Grand total-All Pages _$223,270,998 $ 14,339,432_$1,497,527_$918,449 I$563,241 S 1$ 506,652 6235,277(9,707,174 ti a 13,428,320 *Payment amount Is extlmated,If exact payment amount Is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other City of Grand Terrace as Successor Agency to Community Redevelopment Agency 02/28/12 Page 2 of 2 Pages City of Grand Terrace Community Redevelopment Agency 1/30/2012 OTHER OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34167 and 34169(*) Project Name/Debt Total Outstanding Total Due Payments by Month Obligation Payee Description Debt or During Fiscal Obligation Year Jan Feb Mar Apr May Jun I 2012 2012 2012 2012 2012 2012 Total 1)Statutory Pass Through City of Grand Terrace Statutory payment obligation 4,800,000 80,000 80,000 80,000 2)Statutory Pass Through San Bernardino Comm Col Statutory payment obligation 4,800,000 80,000 80,000 80,000 3)Negotiated Pass Through Colton Joint USD Payment per agreement 10,861,960 1,158,888 1,158,888 - 1,158,888 4)Pass Through pd by County Taxing entities Payment per agreement 59,855,506 2,000,000 2,000,000 2,000,000 5)Housing Fund Deficit Low/Mod Housing Fund Statutory housing set aside 48,321,575 1,238,790 1,238,790 1,238,790 6)Professional Services HDL Property tax allocation reconciliation 56,000 8,000 2,500 5,500 8,000 7)Demolition of structures Contractor Demolition 21974 DeBerry 15,000 15,000 15,000 15,000 8)Consulting Services Contractor Bond Arbitrage Rebate Calculation and R 80,500 3,500 3,500 3,500 9)Agency Owned Property Various contractors Property Maintenance and Insurance 30,000 6,000 500 500 500 500 500 500 3,000 10)Auditing Services RAMS Required annual auditing services 70,000 10,000 10,000 10,000 11)Consulting Services contractors Prof Svcs-Agency Dissolution-Oversight 200,000 50,000 10,000 10,000 10,000 10,000 10,000 50,000 12)Professional Services Special Counsel Successor Agency and Oversight Board 140,000 35,000 5,000 5,000 5,000 10,000 10,000 35,000 13)Low Mod Property Purchase Housing Authority Purchase property-commercial district 463,167 463,167 463,167 463,167 Grand Terrace Project Area Successor Agency-Contrac 2011A Bond Indenture-Public Infrastructt 13,510,568 500,000 250,000 250,000 500,000 14) Southwest project area: infrastructure study and design - 15) Southwest project area: infrastructure construction ll - 16) Barton Road infrastructure improvements 17) Michigan Street improvements:design and ROW acquisition - 18) Michigan Street improvements:construction - 19) Union Pacific/Barton Road bridge construction - 20) Strom drain and street rehabilitation: Van Buren,Pico,and Main Streets - 21) Mt.Vernon slope stabilization - 22) Vista Grande Park construction - Grand Terrace Project Area !Property Sellers 2011 B Bond Indenture-Property Acquisiti 3,622,784 1,000,000 1,000,000 1,000,000 23) Land Assembly for Southwest mixed-use area - 24) Land Assembly on Barton Road - 25)2004 TABS Reserve Bond Reserve Requirement 1,300,000 - 26)2011A TABS Reserve Bond Reserve Requirement 1,280,894 - 27)2011E TABS Reserve Bond Reserve Requirement 476,906 - Totals-Other Obligations"•• $ 149,884,860 $ 6,648,345 $1,159,388 $25,500 I$30,500 $265,500 $ 23,000 $5,141,457 $6,645,345 Revised Enforceable Obligation Payment Schedule(EOPS)is to be adopted by the redevelopment agency no later than late February 1,2012.It is valid through 06/30/12. .. Recognized Obligation Payment Schedule(ROPS),which must be prepared by the dissolving Agency.(The draft ROPS must be prepared by the Successor Agency by 03/01/12.) 0 4,400 13,400 25)Consulting Services Webb&Associates Traffic Engineering 125,000 50,000 4,000 4,000 4,000 4,000 4,000 20,000 26)Consulting Services ACE Weed Abatement Weed abatement for Agency property 100,000 20,000 10,000 10,000 20,000 27)Consulting Services K&A Engineering Infrastructure study/design 30,442 30,442 15,000 15,000 30,000 28)Consulting Services Chamber of Commerce Business development services 20,600 10,300 860 860 860 860 860 860 5,160 29)Consulting Services Urban Futures Continuing Disclosure Reporting-bond issues 84,000 7,000 3,500 3,500 7,000 30) Professional Services Stradling Yocca Attorney Services 4,000 4,000 1,000 2,000 1,000 4,000 Totals-This Page $ 72,477,443 $ 7,451,087 $ 338,139 $ 892,949 $532,741 $161,152 $132,277 $4,485,717 $ 6,542,975 Totals-Other Obligations $ 149,884,860 $ 6,648,345 $1,159,388 $ 25,500 $ 30,500 $265,500 $ 23,000 $5,141,457 $ 6,645,345 Grand total-All Pages L$ 222,362,303 0$ 14,099,432 0$1,497,527 II$ 918,449 U$563,241 0$426,652 0$155,277 0$9,627,174 0$13,188,320 * Revised Enforceable Obligation Payment Schedule(EOPS)is to be adopted by the redevelopment agency no later than late February 1,2012.It is valid through 06/30/12. "" Recognized Obligation Payment Schedule(ROPS),which must be prepared by the dissolving Agency.(The draft ROPS must be prepared by the Successor Agency by 03/01/12.) $ - $ _ ? - $ - Grand total-All Pages _$223,270,998 $ 14,339,432_$1,497,527_$918,449 I$563,241 S 1$ 506,652 6235,277(9,707,174 ti a 13,428,320 *Payment amount Is extlmated,If exact payment amount Is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other ATTACHMENT 2 Initial Recognized Obligations Payment Schedule (IROPS) County of San Bernardino )ss. State of California ) I, Tracey R. Martinez, hereby certify that I am the duly appointed City Clerk of the City of Grand Terrace and the Agency Secretary of the Community Redevelopment Agency of the City of Grand Terrace and that the foregoing resolution was duly adopted at a special meeting of the City Council and the Community Redevelopment Agency of the City of Grand Terrace held on the 28th day of February, 2012. Tracey R. Martinez, Agency Secretary tary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. Name of Redevelopment Agency* City of Grand Terrace as Sucessor Agency to Grand Terrace Community Redevelopment Agency Page 1 of 2 Pages Project Area(s) Grand Terrace Project Area 02/28/12 2nd DRAFT INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34177 Total Outstanding Payments by month' Debt or Total Due During , Jan Feb Mar Apr May Jun Project Name/Debt Obligation Payee Description Obligation Fiscal Year 2012 2012 2012 2012 2012 2012 Total Funding Source" 1)2004 Tax Allocation Bonds US Bank Bonds for housing&non-housing projects 3,790,812 2,002,376 36,188 1,966,188 2,002,376 RPTTA/BP 2)2011 A Tax Allocation Bond US Bank Bonds for non-housing projects 29,163,212 1,100,498 420,900 679,598 1,100,498 RPTTA 3)2011.B Tax Allocation Bond US Bank Bonds for non-housing projects 9,698,770 635,185 209,545 425,640 635,185 RPTTA 4)Trustee Fees US Bank Trustee fees on bonds 266,530 12,115 12,115 12,115 RPTTA 5)Zion Loan Zion First National Bank Refinanced refunding of bonds for projects 2,421,052 254,848 127,424 127,424 254,848 RPTTA 6)SERAF Transfer Housing Fund Repayment of loan for SERAF 448,636 448,636 448,636 448,636 RPTTA 7)Repayment of Debt Service SB Valley Muni Water Repay incorrect debt service distrib by SB, 2,295,360 232,888 232,888 232,888 RPTTA 8)Agency Attorney Jones and Mayer Legal consulting on dissolution 48,000 48,000 4,000 4,000 4,000 4,000 4,000 4,000 24,000 RPTTA 9)Stater Brothers OPA Stater Brothers Markets Payment on participation agreement 1,207,500 241,500 60,375 181,125 241.500 RPTTA 10)Commercial Exteriors Viking Investments Prop Shopping center rehabilitation 220,429 220,429 220,429 220,429 RPTTA 11)Neighborhood Imp.Grant Qualified residents Exterior improvements/correct violations 39,035 39,035 7,807 7,807 7,807 7,807 7,807 39,035 RPTTA 12)Baseball Field Improvements Rock Bottom Construction of baseball field 42,469 42,469 42,469 42,469 RPTTA 13)Vista Grande Park Improvements Foundation of GT Installation of park improvements 35,000 35,000 20,000 15,000 35,000 RPTTA 14)Mich/Barton/LaPaix Lee and Stires/Webb Ass Infrastructure improvements 535,671 535,671 36,281 - 16,995 10,000 63,276 RPTTA 15)Residual Receipts City of Grand Terrace Affordable housing payment agreement 3,000,000 300,000 300.000 300,000 RPTTA 16)Developer MOU Grand Terr Partners LLC Terminate development agreement 375,000 375,000 375,000 375,000 RPTTA 17)Employee Costs City of Grand Terrace Agency direct employee costs 8,725,740 379,380 31,617 31,617 31,617 31,617 31,617 31,617 189,702 RPTTA/ACA/RB 18)Employee Costs City of Grand Terrace Agency direct employee costs-PERS 2,500,000 62,620 5,218 5,218 5,218 5,218 5,218 5,218 31,308 RPTTA/ACA/RB 19)Office Rent/Cost Allocation City of Grand Terrace Office space and operations 5,796,000 252,000 21,000 21,000 21,000 21,000 21,000 21,000 126,000 RPTTA/ACA/RB 20)Cost Allocation-Adm 0/H City of Grand Terrace G&A Administration indirect overhead 765,785 33,295 2,775 2,775 2,775 2,775 2,775 2,775 16,650 RPTTA/ACA/RB 21)Cost Allocation-Adm O/H City of Grand Terrace G&A Administration indirect 0/H Insuranr 690,000 30,000 2,500 2,500 2,500 2,500 2,500 2,500 15.000 RPTTA/ACA/RB 22)Consulting Services RSG Annual reporting requirements/administrat 25,000 25,000 2,500 2,500 5,000 5,000 10,000 25,000 RPTTA 23)Consulting Services City News Group Advertising/Noticing 10,000 10,000 2,500 2,500 2,500 2,500 2,500 12,500 RPTTA 24)Consulting Services Smothers Appraisers Property Appraisals 13,400 13,400 9,000 4,400 13,400 RPTTA 25)Consulting Services Webb&Associates Traffic Engineering 125,000 50,000 4,000 4,000 4,000 4,000 4,000 20,000 RPTTA 26)Consulting Services ACE Weed Abatement Weed abatement for Agency property 100,000 20,000 10,000 10,000 20,000 RPTTA 27)Consulting Services K&A Engineering Infrastructure study/design 30,442 30,442 15,000 15,000 30,000 RPTTA 28)Consulting Services Chamber of Commerce Business development services 20,600 10,300 860 860 860 860 860 860 5,160 RPTTA 29)Consulting Services Urban Futures Continuing Disclosure Reporting-bond iss 84,000 7,000 3,500 3,500 7,000 RPTTA 30)Professional Services Stradling Yocca Attorney Services 4,000 4,000 1,000 2,000 1,000 _ 4,000 RPTTA $ - Totals-This Page $ 72,477,443 $ 7,451,087 $ 338,139 $892,949 $532,741 $ 161,152 $132,277 $4,485,717 $ 6.542,975 Totals-Page 2 $149,884,860 $ .6,648,345 $1,159,388 $ 25,500 $ 30,500 $ 265,500 $ 23,000 $5,141,457 $ 6,645,345 111111.1111.111111 Totals-Page 3 $ - $ - $ - $ - $ - $ - $ - $ - . $ Totals-Page 4 $ - $ - $ - $ - $ - $ - $ - $ - $ - 11.111111111111111 Totals-Other Obligations $ - $ - $ - $ - $ - $ - $ - $ - $ Grand total-All Pages L$222,362,303 Q$ 14,099,43211$1,497,527 I1$918,449 I$563,241 U$ 426,65211$155,277 II$9,627,17411$ 13,188,320 .!: ., .. *Payment amount is extimated,if exact payment amount is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other Name of Redevelopment Agency' City of Grand Terrace as Sucessor Agency to Grand Terrace Community Redevelopment Agency Page 2 of 2 Pages Project Area(s) Grand Terrace Project Area _ 02/28/12 2nd DRAFT INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34177 Payments by month` Total Outstanding Total Due During Jan Feb Mar Apr May Jun \ Project Name/Debt Obligation Payee Description Debt or Obligation Fiscal Year 2012 2012 2012 2012 2012 2012 Total Funding Source** 1)Statutory Pass Through City of Grand Terrace Statutory payment obligation 4,800,000 80,000 80,000 80,000 RPTTA 2)Statutory Pass Through San Bernardino Comm Co Statutory payment obligation 4,800,000 80,000 80,000 80,000 RPTTA 3)Negotiated Pass Through Colton Joint USD Payment per agreement 10,861,960 1,158,888 1,158,888 - 1,158,888 RPTTA 4)Pass Through pd by County Taxing entities Payment per agreement 59,855,506 2,000,000 2,000,000 2,000,000 RPTTA 5)Housing Fund Deficit Low/Mod Housing Fund Statutory housing set aside 48,321,575 1,238,790 1,238,790 1,238,790 RPTTA 6)Professional Services HDL Property tax allocation reconciliation 56,000 8,000 2,500 5,500 8,000 RPTTA 7)Demolition of structures Contractor Demolition 21974 DeBerry 15,000 15,000 15,000 15,000 RPTTA 8)Consulting Services Contractor Bond Arbitrage Rebate Calculation and R 80,500 3,500 3,500 3,500 RPTTA 9)Agency Owned Property Various contractors Property Maintenance and Insurance 30,000 6,000 500 500 500 500 500 500 3,000 RPTTA 10)Auditing Services RAMS Required annual auditing services 70,000 10,000 10,000 10,000 RPTTA 11)Consulting Services contractors Prof Svcs-Agency Disoiution-Oversight 200,000 50,000 10,000 10,000 10,000 10,000 10,000 50,000 RPTTA 12)Professional Services Special Counsel Successor Agencyand Oversight Board 140,000 35,000 5,000 5,000 5,000 10,000 10,000 35,000 RPTTA 13)Low Mod Property Purchase Housing Authority Purchase property-commercial district. 463,167 463,167 463,167 463,167 RB 14)Grand Terrace Project Area Successor Agency-Contrar2011A Bond Indenture-PublidInfrastruch 13,510,568 500,000 250,000 250,000 500,000 BP 15) Southwest project area: infrastructure study and design - BP 16) Southwest project area: infrastructure construction - BP 17) Barton Road infrastructure improvements BP 18) Michigan Street improvements:design and ROW acquisition - BP 19) Michigan Street improvements:construction - BP 20) Union Pacific/Barton Road bridge construction - BP 21) Strom drain and street rehabilitation:Van Buren,Pico,and Main Streets - BP 22) Mt.Vernon slope stabilization - BP 23) Vista Grande Park construction - BP 24)Grand Terrace Project Area IProperty Sellers 20118 Bond Indenture-Property Acquisit 3,622,784 1,000,000 1,000,000 1,000,000 BP 25) Land Assembly for Southwest mixed-use area - BP 26) Land Assembly on Barton Road - BP 27)2004 TABS Reserve Bond Reserve Requirement 1,300,000 - BP 28)2011A TABS Reserve Bond Reserve Requirement 1,280,894 - BP 29)2011B TABS Reserve Bond Reserve Requirement 476,906 - BP 30) - 31) - 32) - 33) - 34) - 35) - 36) - 37 - 38) - 39) - 40) - Totals-This Page $ 149,884,860.00 $ 6,648,345.00 $1,159,388.00 $25,500.00 $30,500.00 $ 265,500.00 $23,000.00 $5,141,457.00 $ 6,645,345.00 *Payment amount Is estimated,if exact payment amount is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other Weed abatement for Agency property 100,000 20,000 10,000 10,000 20,000 RPTTA 27)Consulting Services K&A Engineering Infrastructure study/design 30,442 30,442 15,000 15,000 30,000 RPTTA 28)Consulting Services Chamber of Commerce Business development services 20,600 10,300 860 860 860 860 860 860 5,160 RPTTA 29)Consulting Services Urban Futures Continuing Disclosure Reporting-bond iss 84,000 7,000 3,500 3,500 7,000 RPTTA 30)Professional Services Stradling Yocca Attorney Services 4,000 4,000 1,000 2,000 1,000 _ 4,000 RPTTA $ - Totals-This Page $ 72,477,443 $ 7,451,087 $ 338,139 $892,949 $532,741 $ 161,152 $132,277 $4,485,717 $ 6.542,975 Totals-Page 2 $149,884,860 $ .6,648,345 $1,159,388 $ 25,500 $ 30,500 $ 265,500 $ 23,000 $5,141,457 $ 6,645,345 111111.1111.111111 Totals-Page 3 $ - $ - $ - $ - $ - $ - $ - $ - . $ Totals-Page 4 $ - $ - $ - $ - $ - $ - $ - $ - $ - 11.111111111111111 Totals-Other Obligations $ - $ - $ - $ - $ - $ - $ - $ - $ Grand total-All Pages L$222,362,303 Q$ 14,099,43211$1,497,527 I1$918,449 I$563,241 U$ 426,65211$155,277 II$9,627,17411$ 13,188,320 .!: ., .. *Payment amount is extimated,if exact payment amount is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other N CQ :.'.-4 : AGENDA REPORT - OVERSIGHT BOARD Item # 8 MEETING DATE: April 4, 2012 TITLE: Recognized Obligation Payment Schedule —July 1, 2012 to December 31, 2012 PRESENTED fBY: Bernie Simon, Finance Director. RECOMMENDATION: Adopt a Resolution Approving a Recognized Obligation Payment Schedule (ROPS). BACKGROUND: Pursuant to ABx1 26, the Successor Agency is obligated to prepare a Draft Recognized Obligation Payment Schedule (ROPS) and submit it to the Oversight Board for approval. According to a letter published by the Director of the California Department of Finance, the Successor Agency is to submit to the Department of Finance on or before May 15, 2012 a ROPS as approved by the Oversight Board for the period July 1, 2012 to December 31., 2012. DISCUSSION: On March 27, 2012, pursuant to ABx1 26, the City of Grand Terrace as Successor Agency prepared and adopted a draft Recognized Obligation Payment Schedule for the period July 1, 2012 through December 31, 2012. This draft Recognized Obligation Payment Schedule is now to be considered for approval by the Oversight Board. Once approved, only payments on the approved ROPS may be paid. The draft ROPS was prepared based on staff understanding of ABx1 26 and guidance by the City Attorney's Staff along with information from professional organizations such as the California Redevelopment Association and California League of Cities. There is also pending litigation that may effect what is on the ROPS. Prior to the meeting at which this matter is being considered, staff of the Successor Agency has provided to the members of the Oversight Board the draft Recognized Obligation Payment Schedule (as approved by the Successor Agency, the "Draft ROPS") as earlier approved by the Successor Agency, together with a copy of those items listed on the Draft ROPS. Upon approval by the Oversight Board, the Draft ROPS would become the "ROPS." sional Services Special Counsel Successor Agencyand Oversight Board 140,000 35,000 5,000 5,000 5,000 10,000 10,000 35,000 RPTTA 13)Low Mod Property Purchase Housing Authority Purchase property-commercial district. 463,167 463,167 463,167 463,167 RB 14)Grand Terrace Project Area Successor Agency-Contrar2011A Bond Indenture-PublidInfrastruch 13,510,568 500,000 250,000 250,000 500,000 BP 15) Southwest project area: infrastructure study and design - BP 16) Southwest project area: infrastructure construction - BP 17) Barton Road infrastructure improvements BP 18) Michigan Street improvements:design and ROW acquisition - BP 19) Michigan Street improvements:construction - BP 20) Union Pacific/Barton Road bridge construction - BP 21) Strom drain and street rehabilitation:Van Buren,Pico,and Main Streets - BP 22) Mt.Vernon slope stabilization - BP 23) Vista Grande Park construction - BP 24)Grand Terrace Project Area IProperty Sellers 20118 Bond Indenture-Property Acquisit 3,622,784 1,000,000 1,000,000 1,000,000 BP 25) Land Assembly for Southwest mixed-use area - BP 26) Land Assembly on Barton Road - BP 27)2004 TABS Reserve Bond Reserve Requirement 1,300,000 - BP 28)2011A TABS Reserve Bond Reserve Requirement 1,280,894 - BP 29)2011B TABS Reserve Bond Reserve Requirement 476,906 - BP 30) - 31) - 32) - 33) - 34) - 35) - 36) - 37 - 38) - 39) - 40) - Totals-This Page $ 149,884,860.00 $ 6,648,345.00 $1,159,388.00 $25,500.00 $30,500.00 $ 265,500.00 $23,000.00 $5,141,457.00 $ 6,645,345.00 *Payment amount Is estimated,if exact payment amount is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other Weed abatement for Agency property 100,000 20,000 10,000 10,000 20,000 RPTTA 27)Consulting Services K&A Engineering Infrastructure study/design 30,442 30,442 15,000 15,000 30,000 RPTTA 28)Consulting Services Chamber of Commerce Business development services 20,600 10,300 860 860 860 860 860 860 5,160 RPTTA 29)Consulting Services Urban Futures Continuing Disclosure Reporting-bond iss 84,000 7,000 3,500 3,500 7,000 RPTTA 30)Professional Services Stradling Yocca Attorney Services 4,000 4,000 1,000 2,000 1,000 _ 4,000 RPTTA $ - Totals-This Page $ 72,477,443 $ 7,451,087 $ 338,139 $892,949 $532,741 $ 161,152 $132,277 $4,485,717 $ 6.542,975 Totals-Page 2 $149,884,860 $ .6,648,345 $1,159,388 $ 25,500 $ 30,500 $ 265,500 $ 23,000 $5,141,457 $ 6,645,345 111111.1111.111111 Totals-Page 3 $ - $ - $ - $ - $ - $ - $ - $ - . $ Totals-Page 4 $ - $ - $ - $ - $ - $ - $ - $ - $ - 11.111111111111111 Totals-Other Obligations $ - $ - $ - $ - $ - $ - $ - $ - $ Grand total-All Pages L$222,362,303 Q$ 14,099,43211$1,497,527 I1$918,449 I$563,241 U$ 426,65211$155,277 II$9,627,17411$ 13,188,320 .!: ., .. *Payment amount is extimated,if exact payment amount is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other FISCAL IMPACT: There is no fiscal impact with this report. Respectfully submitted: tee4...7 Bernie Simon, Fin nce Director ATTACHMENTS: 1) Resolution Adopting Recognized Obligation Payment Schedule 2) Recognized Obligation Payment Schedule (ROPS) — July 1, 2012 to December 31, 2012 3) 3-27-12 Successor Agency Staff Report Adopting draft ROPS Oversight Board Action _ Approved as Recommended: _ _ _ _ Denied/Other: - - - - -- -- - - - - - - - - - - --- -- - Board Motion: Martinez, Agency Secretary tary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. RESOLUTION NO. OB 2012- A RESOLUTION OF THE OVERSIGHT BOARD OF SUCCESSOR AGENCY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE WHEREAS, the Oversight Board for Successor Agency to Grand Terrace Community Redevelopment Agency ("Oversight Board" as applicable) has met and has duly considered a draft recognized obligation payment schedule for the period July 1, 2012 through December 31, 2012 in the form submitted by the Successor Agency (the "Draft ROPS"); and WHEREAS, prior to its meeting on April 4, 2012, the members of the Oversight Board have been provided with copies of the Draft ROPS and instruments referenced in the Draft ROPS; and WHEREAS, the Oversight Board has reviewed the Draft ROPS and those instruments referenced in the Draft ROPS; and WHEREAS, the Oversight Board desires to express and memorialize its approval of the Draft ROPS as the Recognized Obligation Payment Schedule duly approved by the Oversight Board, a Recognized Obligation Payment Schedule in the form attached hereto, which consists of the Draft ROPS with additions or deletions made by and at the instance of the Oversight Board; NOW THEREFORE, BE IT RESOLVED by the Oversight Board, as follows: SECTION 1. The Oversight Board finds and determines that the foregoing recitals are true and correct. SECTION 2. The Oversight Board approves as the Recognized Obligation Payment Schedule for the period July 1, 2012 through December 31, 2012 (the "ROPS") a Recognized Obligation Payment Schedule in the form attached hereto, which consists of the Draft ROPS with additions or deletions made by and at the instance of the Oversight Board. SECTION 3. The Successor Agency is authorized and directed to submit the ROPS to the California Department of Finance. SECTION 4. The Successor Agency shall maintain on file as a public record this Resolution and the ROPS as approved hereby. pecial Counsel Successor Agencyand Oversight Board 140,000 35,000 5,000 5,000 5,000 10,000 10,000 35,000 RPTTA 13)Low Mod Property Purchase Housing Authority Purchase property-commercial district. 463,167 463,167 463,167 463,167 RB 14)Grand Terrace Project Area Successor Agency-Contrar2011A Bond Indenture-PublidInfrastruch 13,510,568 500,000 250,000 250,000 500,000 BP 15) Southwest project area: infrastructure study and design - BP 16) Southwest project area: infrastructure construction - BP 17) Barton Road infrastructure improvements BP 18) Michigan Street improvements:design and ROW acquisition - BP 19) Michigan Street improvements:construction - BP 20) Union Pacific/Barton Road bridge construction - BP 21) Strom drain and street rehabilitation:Van Buren,Pico,and Main Streets - BP 22) Mt.Vernon slope stabilization - BP 23) Vista Grande Park construction - BP 24)Grand Terrace Project Area IProperty Sellers 20118 Bond Indenture-Property Acquisit 3,622,784 1,000,000 1,000,000 1,000,000 BP 25) Land Assembly for Southwest mixed-use area - BP 26) Land Assembly on Barton Road - BP 27)2004 TABS Reserve Bond Reserve Requirement 1,300,000 - BP 28)2011A TABS Reserve Bond Reserve Requirement 1,280,894 - BP 29)2011B TABS Reserve Bond Reserve Requirement 476,906 - BP 30) - 31) - 32) - 33) - 34) - 35) - 36) - 37 - 38) - 39) - 40) - Totals-This Page $ 149,884,860.00 $ 6,648,345.00 $1,159,388.00 $25,500.00 $30,500.00 $ 265,500.00 $23,000.00 $5,141,457.00 $ 6,645,345.00 *Payment amount Is estimated,if exact payment amount is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other Weed abatement for Agency property 100,000 20,000 10,000 10,000 20,000 RPTTA 27)Consulting Services K&A Engineering Infrastructure study/design 30,442 30,442 15,000 15,000 30,000 RPTTA 28)Consulting Services Chamber of Commerce Business development services 20,600 10,300 860 860 860 860 860 860 5,160 RPTTA 29)Consulting Services Urban Futures Continuing Disclosure Reporting-bond iss 84,000 7,000 3,500 3,500 7,000 RPTTA 30)Professional Services Stradling Yocca Attorney Services 4,000 4,000 1,000 2,000 1,000 _ 4,000 RPTTA $ - Totals-This Page $ 72,477,443 $ 7,451,087 $ 338,139 $892,949 $532,741 $ 161,152 $132,277 $4,485,717 $ 6.542,975 Totals-Page 2 $149,884,860 $ .6,648,345 $1,159,388 $ 25,500 $ 30,500 $ 265,500 $ 23,000 $5,141,457 $ 6,645,345 111111.1111.111111 Totals-Page 3 $ - $ - $ - $ - $ - $ - $ - $ - . $ Totals-Page 4 $ - $ - $ - $ - $ - $ - $ - $ - $ - 11.111111111111111 Totals-Other Obligations $ - $ - $ - $ - $ - $ - $ - $ - $ Grand total-All Pages L$222,362,303 Q$ 14,099,43211$1,497,527 I1$918,449 I$563,241 U$ 426,65211$155,277 II$9,627,17411$ 13,188,320 .!: ., .. *Payment amount is extimated,if exact payment amount is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other PASSED, APPROVED, AND ADOPTED at a special meeting of the Oversight Board of Successor Agency to Community Redevelopment Agency of the City of Grand Terrace, held on this the 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chairman, Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace ATTEST: Oversight Board Secretary _ _ _ Denied/Other: - - - - -- -- - - - - - - - - - - --- -- - Board Motion: Martinez, Agency Secretary tary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. ATTACHMENT Recognized Obligations Payment Schedule (ROPS) For the Period July 1, 2012 to December 31, 2012 Agency of the City of Grand Terrace, held on this the 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chairman, Oversight Board of Successor Agency to the Community Redevelopment Agency of the City of Grand Terrace ATTEST: Oversight Board Secretary _ _ _ Denied/Other: - - - - -- -- - - - - - - - - - - --- -- - Board Motion: Martinez, Agency Secretary tary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. RECOGNIZED OBLIGATION PAYMENT SCHEDULE-CONSOLIDATED FILED FOR THE JULY 1,2012 to DECEMBER 31,2012 PERIOD Name of Successor Agency CITY OF GRAND TERRACE AS SUCCESSOR AGENCY TO COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE-RR34 _ Current I Total Outstanding Total Due Debt or Obligation During Fiscal Year Outstanding Debt or Obligation $ 166,813,959.00 $ 10,897,288.00 .., k •w.. , � _ ... a +. .,s .a f > ,.�s. ,... .., , n_ .,'a«'.�.",,: .• .:,>m ,:a ;.;air, -��.:°., yx .'a:s s..n,,...d �5.,. ..1�.- „.f ��. �.Yy f>.. ,,.,:� .. .. .... C .e..., ,,.•.,,, ._ v 'ck'.i. ..f ..#;` a':;:f•;'; %;t:�: ;-:.}, .i`' a. P'Q:"� ;'s, vie '43- �� s,.i' V..., 4^,vyv`..�t,� +� zt .#.%7� l.- .� "°"La»�.�' -s2+fi�-a�+r* �.:� +� ,� I. r:tii*'� .� ."^x'"w.r, +k ,•�-' .is. .�'`" � �-s-'";,"` �`�-: ��` �,.` ��"`.r'"r+': �'.. .-�. .y}.� g �.�.' -x 'S:� .5. ,,� >:,N o,..:'� .� e'i%r:,."oaf," cy�, Lai o°ys...�ir.;.' d.Lr,. :'�3',- - Tra'°., kk4. "L"•. _y, "�� •'wFst* .ri., �, �-:: ,.. .,�+- t.;,� ;�'°°:,y ,�� .�,...,�+':. I� - -0., 1 '�°.st"a. c.{#. a!' r''I' .5. •�. y��=d,'=..vdn:.i,,cry, .,��. :a3:�. ''tl:.a Cn.x. ;t,,. 7:!-:-:', afters. ..x°g . -.s'•':>tt,°�. -,-.. .` of eil. '; .. atx .swrt..,.y.x # 1.".' s sea;,,... c ,,.e... ;:t ...-b,.,,..:':ri:r"^;�...-_c ,�,.. <.':�`e*�"-'� :F:?�- ", .,'_=�',.�ri '��.'.,,-n�.+..3,z,Kz�x�T :?.'���ra^ ,�^'..P:^ .. �'"'0�C' �.,.,, :-. 0 � ...._"�. „•3�n .�C�,'�i`�y,� w Total Due for Six Month 1 4j, Period ,i,,�s, ., e Outstanding Debt or Obligation $ 7,484,989.00 k u Available Revenues other than anticipated funding from RPTTF $ 2,090,213.00gik ,„.,., Enforceable Obligations paid with RPTTF $ 3,839,776.00 -r' },'r • =* Administrative Cost paid with RPTTF $ 250,000.00 .w ,,,,x Pass-through Payments paid with RPTTF $ 1,305,000.00 ;, 1'1„, 1, x;Vi- t'� '"_ ,.:�, '�a^^ :i�„'`aa!'' !*',nt•;f:� t y��,r;� ':�Y �. <; )..p,,c n. °r•.8>'-,(. ..„�_�,,... �;� x,..s r, P3'• G a ,ems. r."'.s�^:,.�^..r. .rtv,T.'...:'��:�'..'( :' '3*��� .a:v>au:r��sv'#;4,a�,a.�.'.`.a.�'."Y��Sihla��i'�:�Saii'�m�`. w:..�t" � a�iaRfS51 `�� �s�t• -mr�a.•ava,1`,%'axd'r:�ttir�'.uC.� ?+Y:.r� .�c�b; `'�:�A nc. "s'�' '�F ���t3,,.'�wJ+�n,r.*'��.'V,,.'�.f.c:C+1- aktPACANAtpi Administrative Allowance(greater of 5%of anticipated Funding from RPTTF or 250,000.Note:Calculation should not include pass-through payments made with RPTTF The RPTTF Administrative Cost a, % 5 **} figure above should not exceed this Administrative Cost Allowance $ 250,000.00 ;rit V i',i fl '`+ts M i K't Certification of Oversight Board Chairman: Pursuant to Section 34177(I)of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Name Title Enforceable Payment Schedule for the above named agency. Signature Date ixed-use area - BP 26) Land Assembly on Barton Road - BP 27)2004 TABS Reserve Bond Reserve Requirement 1,300,000 - BP 28)2011A TABS Reserve Bond Reserve Requirement 1,280,894 - BP 29)2011B TABS Reserve Bond Reserve Requirement 476,906 - BP 30) - 31) - 32) - 33) - 34) - 35) - 36) - 37 - 38) - 39) - 40) - Totals-This Page $ 149,884,860.00 $ 6,648,345.00 $1,159,388.00 $25,500.00 $30,500.00 $ 265,500.00 $23,000.00 $5,141,457.00 $ 6,645,345.00 *Payment amount Is estimated,if exact payment amount is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other Weed abatement for Agency property 100,000 20,000 10,000 10,000 20,000 RPTTA 27)Consulting Services K&A Engineering Infrastructure study/design 30,442 30,442 15,000 15,000 30,000 RPTTA 28)Consulting Services Chamber of Commerce Business development services 20,600 10,300 860 860 860 860 860 860 5,160 RPTTA 29)Consulting Services Urban Futures Continuing Disclosure Reporting-bond iss 84,000 7,000 3,500 3,500 7,000 RPTTA 30)Professional Services Stradling Yocca Attorney Services 4,000 4,000 1,000 2,000 1,000 _ 4,000 RPTTA $ - Totals-This Page $ 72,477,443 $ 7,451,087 $ 338,139 $892,949 $532,741 $ 161,152 $132,277 $4,485,717 $ 6.542,975 Totals-Page 2 $149,884,860 $ .6,648,345 $1,159,388 $ 25,500 $ 30,500 $ 265,500 $ 23,000 $5,141,457 $ 6,645,345 111111.1111.111111 Totals-Page 3 $ - $ - $ - $ - $ - $ - $ - $ - . $ Totals-Page 4 $ - $ - $ - $ - $ - $ - $ - $ - $ - 11.111111111111111 Totals-Other Obligations $ - $ - $ - $ - $ - $ - $ - $ - $ Grand total-All Pages L$222,362,303 Q$ 14,099,43211$1,497,527 I1$918,449 I$563,241 U$ 426,65211$155,277 II$9,627,17411$ 13,188,320 .!: ., .. *Payment amount is extimated,if exact payment amount is not known. "LMIHF-Low and Moderate Income Housing Fund;BP-Bond Proceeds;RB-Reserve Balances;ACA-Administrative Cost Allowance;RPTTA-Redevelopment Property Tax Trust Fund;0-Other Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE-RR34 FORM A-Redevelopment Property Tax Trust Fund(RPTTF) Project Areas) RDA Project Area All GRAND TERRACE PROJECT AREA DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE Par AB 26-Section 34177(') Total Due Total Outstanding During Fiscal ••• Debt or Year Funding Project Area Obligation 2011-2012" Source Peyaa*from the Redevelopment Property Tax Trust Fund(RPTTF) Contract/Agreement Payments by month Jul Aug Sep Oct Nov Dec Project Name/Debt Obligation Execution Date Payee Description 2012 - 2012 2012 2012 2012 2012 Total 1)2004 Tax Allocation Bonds 2004 US Bank Debt Service on 2004 CRA Tax Alton Bonds Grand Terrace Proj Area 1,966.188 1,966,188 RPTTF 666,188 - $ 666,188 2)2011 A Tax Allocation Bond 2011 US Bank Debt Service on 2011 CRA Tax Altos Bonds Grand Terrace Proj Area 28,985,500 1,099,196 RPTTF 680,898 418,298 $ 1.099,196 3)2011 B Tax Allocation Band 2011 US Bank Debt Service on 2011 CRA Tax Allan Bonds Grand Terrace Proj Area 9810,296 631,280 RPTTF 428,545 201,735 S 631.280 4)Trustee Fees 2004/2011 Indenture US Bank Trustee Services for 2004&2011 TABS Grand Terrace Proj Area 266,530 12,115 RPTTF 12,115 $ 12.115 -5)Lon Loan 2009 Zion First National Bank" Private Refunding of CRA Debt Grand Terrace Proj Area 2,421,052 254,848 RPTTF 127,424 127,424 $ 254.848 6)SERAF Transfer 2010 Housing Fund Repayment of loan for SERAF Grand Terrace Proj Area 448,636 448,636 RPTTF 448.636 $ 448.636 7)Repayment of Debt Service 9/13/2011 SB Valley Muni Water Repay Ineort debt service dlatribSB ATC Grand Terrace Proj Area 2,062,472 232,888 RPTTF 232,888 $ 232,888 8)Agency Attorney 9/27/2011 Jones end Mayer ' Successor Agency Legal consulting Grand Terrace Pm]Area 60.000 60,000 RPTTF 5,000 5,000 5.000 5.000 5,000 5,000 $ 30,000 9)Stater Brothers OPA 7/27/2011 Stater Brothers Markets" Payment on participation agreement Grand Terrace Proj Area 1,207,500 241,500 RPTTF S 10)Residual Receipts 2/24/2009 City of Grand Terrace ' Affordable housing payment agreement Grand Terrace Proj Area 3,000,000 300,000 RPTTF 300,000 $ 300.000 11)Consulting Services On-going RSG Annual reporting requirements/administration Grand Terrace Proj Area 25,000 25,000 RPTTF 2,500 2,500 5900 5,000 10,000 $ 25,000 12)Consulting Services On-going City News Group Advertising/Noticing Grand Terrace Proj Area 10,000 10,000 RPTTF 2,313 2,313 2,313 2,313 2,313 $ 11,565 13)Consulting Services Purchase Order Smothers Appraisers Property Appraisals Grand Terrace Pro]Area 13,400 13,400 RPTTF 9,000 4,400 $ 13,400 14)Consulting Services 4/12/2011 ACE Weed Abatement Weed abatement for Agency properly Grand Terrace Proj Area 100.000 20,000 RPTTF 10,000 10,000 S 20.000 15)Consulting Services 7/13/2010 Chamber of Commerce Business development services Grand Terrace Proj Area 20,800 10,300 RPTTF 860 860 860 860 860 860 3 5.160 16)Consulting Services 2004/2011 Indenture Urban Futures Continuing Disclosure Reporting-bond Issues Grand Terrace Pro]Area 84,000 7,000 RPTTF - 3.500 $ 3,500 17)Agency Owned Property Various Various contractors Properly Maintenance and Insurance Grand Terrace Proj Area 30,000 6,000 RPTTF 500 500 500 500 500 500 3 3,000 18)Annual Audit and Reporting On-going Rogers Anderson Malady Required annual auditing services Grand Terrace Pro]Area 70,000 15,000 RPTTF 7,500 $ 7,500 18)Professional Services On-going contractors Prof Svcs-Agency Dleolutlon-Overslght Grand Terrace Proj Area 209,000 50,000 RPTTF 10,000 10,000 10.000 10,000 10,000 $ 50.000 20)Professional Services On-going Special Counsel Oversight Board Legal Consulting Grand Terrace Proj Area 140,000 35,000 RPTTF 2,916 2,916 2,917 2,817 2,917 2,917 5 17.500 21)Professional Services 2/23/10 8 ongoing HDL ' Properly tax allocation reconciliation Grand Terrace Proj Area 56,000 8,000 RPTTF - - - 2,500 5,500 $ 8.000 2 $ - 23) $ - 24) $ - 25) $ - 26) $ - 27) $ - 28) $ - 29) $ - 30) $ - 31) $ - 32) Totals-This Page(RPTTF Funding) $ 50,7/7,174 $ 5,446,351 N/A $ 9,276$1,947,759 $ 33,090 $ 30,090 $ 39,090 $1.780,471 $ 3,839,776 Totals-Page 2(Other Funding) $ 21,954.319 $ 2,471,862 N/A $ 80,000 $ 80,000 $ 80,000 $130,000 $105,000 $1,568,167 $ 2,043.167 Totals-Page 3(Administrative Cost Allowance) $ 13.765,000 $ 594,075 NIA $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1.305.000 Grand total-All Pages $ 166,813,859 $10,897,288 WA 8138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7.484.989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 3/112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts ere projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE-RR34 FORM B-All Revenue Sources Other Than Redevelopment Property Tax Trust Fund IRPTIF) Project Area(s) RDA Project Area AS-GRAND TERRACE PROJECT AREA DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34177(•) Total Total Due Payable from Other Revenue Sources Contract/Agreement Outstanding During Fiscal Pa/ments by month Debt or Year Funding Jul Aug Sep Oct Nov Dec Project Name/Debt Obligation Execution Date Payee Description Project Area Obligation 2011-2012••Source 2012 2012 2012 2012 2012 2012 Total 1)Grand Terrace Project Area Bond Indent/Tax Cart'' ? 2011A Bond Indenture-Publiclnfrastructure Grand Terrace Proj Area' _ 13.510.568,?5.,vsx:te, ' Bonds .oleic.*-:.,tJ:,'i's:'1'Cale+,i+'e411ti ;=°ti`'` .:µ> ,== ,'%42" >-_741-,,;:';;<;'_ 2) Michigan Street improvements:design and ROW acq. 3/13/2012 Webb&Assoc 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area' ,.'.,. Ssd(i:-', 908,895 Bonds 80.000 80,000 80,000 80,000 80,000 80,000 460,80 3) Southwest project area:infrastructure study and design Bond indent/Tax Ced To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area' S. Ai'47,474- Bonds _ 4) Southwest project area:Infrastructure construction Bond Inden/Tax Cert To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area J,;1..+^-e,t& i.1e1N Bonds 5) Barton Road infrastructure Improvements Bond Indent/Tax Ced To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area , 't 1"';,r. 100,000 Bonds 50,000 25,000 25,000 100,00 6) Michigan Street Improvements:construction Bond Indent/Tax Ced To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area w4^s 'al...M Bonds 7) Union Pacific/Barton Road bridge construction Bond Inden/Tax Cert To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area ',1cSAMT--r 1, Bonds 8) Strom drain&street rehab:Van Buren,Pico,and Main St. Bond Indent/Tax Ced To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area ••',s ,..;,t!Lu"" Bonds 9) Mt.Vernon slope stabilization Bond Indent/Tax Cod To be named 201IA Band Indenture-Public Infrastructure Grand Terrace Proj Area `"-'EEfi.Mr-e-faI,+'6•• Bands 10) Vista Grande Park construction Bond Indent/Tax Ced To be named 2011A Band Indenture-Public Infrastructure Grand Terrace Proj Area h" ` r'y:iVIV:;a Bonds 11)Grand Terrace Project Area Bond Indent/Tax Cod";`u t:.?,P.Viiw' 20118 Bond Indenture-Public Infrastructure Grand Terrace Proj Area 3.6222,784 K.::;,.7'_.404--,;i''. Bonds 5,:3.; .,, ?;Y.::r`n,'.ICJ;;,1::v;, e,;;(..",n.,,, n,:r F'.:a-s'.,. -,,:is.,,,, ,ice�'.n,,M == 12) Land Assembly Southwest mixed use area Bond Indent/Tax Ced Prop Owners 20118 Bond Indenture-Public Infrastructure Grand Terrace Proj Area I, "�^^QY` 500,000 Bonds 500,000 500,000 �,•. ��.-•' ,• 500,000 500,000 13) Land Assembly on Barton Road Bond Indent/Tax Ced Prop Owners 20118 Bond Indenture-Public Infrestroelure Grand Terrace Prol Area ••;;1 „>,.x(=:. 500,000 Bonds 14)2004 Tax Allocation Bonds Debt Service an 2004 CRA Tax Aloe Bonds(to be paid from Bond Reserve) Grand Terrace Proj Area 1,300,000 1,300.000 Bonds 1,300.000 1,300,000 15)2004 TABS Reserve 2004 N/A Band Reserve Requirement Grand Terrace Proj Area' 1,300,000 -1,300,000 Bonds -1,300.000 -1,300,000 18)201IA TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 1,280,894 0 Bonds 17)2011B TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 476,908 0 Bonds 18)Low Mod Property Purchase TBA Housing Author Purchase property-commercial district Grand Terrace Proj Area 483,167 483,167 Other 463,167 463,18 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) - Totals-LMIHF `'�'-`'-" c ' - - - Totals-Band Proceeds 21,491,152 2,008,695 �kG PP 80,000 80,000 60,000 130,000 105,000 1,105,000 1,580,00 Totals-Other 483,187 483,167"si-°":tit - - - - - 483,167 463.16 Grand total-This Page 21,954,319 2,471,862 34:fr *: 80,000 80,000 80,000 130,000 105,000 1,588,167 2,043,16 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPE)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPE is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTIF could also mean tax Increment allocated to the Agency prior to February'',2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1.305.000 Grand total-All Pages $ 166,813,859 $10,897,288 WA 8138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7.484.989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 3/112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts ere projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE-RR34 FORM C-Administrative Cost Allowance Paid With Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) RDA Project Area All GRAND TERRACE PROJECT AREA DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34177(•) Total Due Total Outstanding During Fiscal Debt or Year Funding Project Area Obligation 2011-2012•* Source** Payable from the Administrative Allowance Allocation••'• Payments by month Jul Aug Sep Oct Nov Dec Project Name/Debt Obligation Payee Description 2012 2012 2012 2012 2012 2012 Total 1)Employee Costs City of Grand Terrace Agency direct employee costs Grand Terrace Proj Area 4,945,000 215,000 RPTTF 17,917 17,917 17,917 17,917 17,917 17,915 S 107,500 2)Employee Costs City of Grand Terrace Agency direct employee costs-PERS Grand Terrace Proj Area 1,000,000 39,075 RPTTF 3,256 3,256 3,256 3,256 3,256 3,256 $ 19,536 3)Office Rent/Cost Allocation City of Grand Terrace G&A indirect overhead cost allocation-34% Grand Terrace Proj Area 7,389,900 321,300 RPTTF/Other 26,775 26,775 26,775 26,775 26,775 26,775 S 160,650 4)Cost Allocation-Adm O/H IJab Ins City of Grand Terrace G&A Admin indirect 0/H Insurance-34% Grand Terrace Proj Area, 430,100 18,700 RPTTF/Other 1,560 1,560 1,560 1,560 1,560 1,560 $ 9,360 5) S 6) S - 7) S - 8) 3 - 9) S - 10) S - 11) $ - 12) S 13) $ - 14) S - 15) S 16) b - 17) S - 18) S - 19) $ - 20) S 21) S - 22) $ - 23) $ - -24) $ - 25) $ - 26) $ - 27) $ - 28) $ - , $ - S - S - $ - $ - $ - 5 - Totals-This Page 13,766,000 594,076 i#S r=g,TE, 3ii 49,608 49,508 49,60E 49,60E 49,60E 49,606 297,046 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 31112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ••••-Administrative Cost Allowance caps am 5%of Form A 6-month totals In 2011-12 and 3%of Form A 6-month totals In 2012-13. The calculation should not factor In pass through payments paid for with RPTTF In Form D. 11B TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 476,908 0 Bonds 18)Low Mod Property Purchase TBA Housing Author Purchase property-commercial district Grand Terrace Proj Area 483,167 483,167 Other 463,167 463,18 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) - Totals-LMIHF `'�'-`'-" c ' - - - Totals-Band Proceeds 21,491,152 2,008,695 �kG PP 80,000 80,000 60,000 130,000 105,000 1,105,000 1,580,00 Totals-Other 483,187 483,167"si-°":tit - - - - - 483,167 463.16 Grand total-This Page 21,954,319 2,471,862 34:fr *: 80,000 80,000 80,000 130,000 105,000 1,588,167 2,043,16 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPE)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPE is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTIF could also mean tax Increment allocated to the Agency prior to February'',2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1.305.000 Grand total-All Pages $ 166,813,859 $10,897,288 WA 8138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7.484.989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 3/112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts ere projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE-RR34 FORM D-Pass-Through Payments Project Area(s) RDA Project Area All GRAND TERRACE PROJECT AREA OTHER OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34177(•) Total Due During Total Outstanding Fiscal Year Source of Debt or Obligation 2011-2012•' Fund*" Pass Through and Other Payments•••• Payments by month Jul Aug Sep Oct Nov Dec Project Name/Debt Obligation Payee Description Project Area 2012 2012 2012 2012 2012 2012 Total 1)Statutory Pass Through City of Grand Terrace Statutory payment obligation Grand Terrace Proj Area 4,600,000 80,000 RPTTF - 40,000 $40,000 2)Statutory Pass Through San Bernardino Comm Coll Statutory payment obligation Grand Terrace Proj Area 4,600,000 80,000 RPTTF - 40,000 $40,000 3)Negotiated Pass Through Colton Joint USD Payment per agreement Grand Terrace Proj Area 10,661,960 225,000 RPTTF - - 225,000 3225,000 4)Pass Through Administered by County Taxing entities Payment per agreement Grand Terrace Proj Area 59,1155,506 2,000,000 RPTTF _ 1,000,000 51,000,000 5) SO 6) SO 7) SO e) So 9) SO 10) SO 11) • SO 12) $0 13) 50 14) S0 15) SO S0 SO SO 50 S0 SO SO SO SO $0 SO $0 SO Totals-Other Obligations $ 80,317,466 $ 2,385,000 :.:!..ZP.:., $ - $ - $ - $ - $ - $1,305,000 $1,365,000 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ....Only the January through June 2012 ROPS should Include expenditures for pass4hrough payments.Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through peym and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ••••-Administrative Cost Allowance caps am 5%of Form A 6-month totals In 2011-12 and 3%of Form A 6-month totals In 2012-13. The calculation should not factor In pass through payments paid for with RPTTF In Form D. 11B TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 476,908 0 Bonds 18)Low Mod Property Purchase TBA Housing Author Purchase property-commercial district Grand Terrace Proj Area 483,167 483,167 Other 463,167 463,18 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) - Totals-LMIHF `'�'-`'-" c ' - - - Totals-Band Proceeds 21,491,152 2,008,695 �kG PP 80,000 80,000 60,000 130,000 105,000 1,105,000 1,580,00 Totals-Other 483,187 483,167"si-°":tit - - - - - 483,167 463.16 Grand total-This Page 21,954,319 2,471,862 34:fr *: 80,000 80,000 80,000 130,000 105,000 1,588,167 2,043,16 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPE)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPE is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTIF could also mean tax Increment allocated to the Agency prior to February'',2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1.305.000 Grand total-All Pages $ 166,813,859 $10,897,288 WA 8138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7.484.989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 3/112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts ere projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance Approvals Finance Director (if applicable) b.s. iNG�P , 0 ) City Attorney City Manager G1;WW .t: _ AGENDA REPORT MEETING DATE: March 27, 2012 City Item ( ) Successor Agency Item (X ) TITLE: Successor Agency Adoption of the Draft Recognized Obligation Payment Schedule (ROPS) for Period of July 1, 2012 to December 31, 2012 PRESENTED BY: Bernie Simon, Finance RECOMMENDATION: Adopt Draft Recognized Obligation Payment Schedule BACKGROUND: On December 29, 2011, in the CRA v. Matosantos case, the Court upheld ABX1 26 and invalidated ABX1 27 thereby eliminating redevelopment agencies and the voluntary option to pay to continue redevelopment. All redevelopment agencies in California have been dissolved effective February 1, 2012 with assets, properties, and documents transferred to the successor agencies. On January 10, 2012 the City Council adopted a resolution to be the Successor Agency to the Grand Terrace Community Redevelopment Agency (Agency). On January 30, 2012 the Agency Board adopted the amended Enforceable Obligation Payment Schedule (EOPS) and adopted the amended Initial Recognized Obligation Payment Schedule (IROPS) under H & S §34169 for the period January 1, 2012 to June 30, 2012 and remitted those reports to the City.. On February 28, 2012, the Successor Agency adopted the Initial Recognized Obligation Payment Schedule (IROPS) for the period January 1, 2012 to June 30, 2012. The County Auditor-Controller has now required that the Successor Agency submit a Draft ROPS covering the period from July 1, 2012 to December 31, 2012 prior to April 15, 2012. Once approved the Successor Agency, the Draft ROPS must be presented to the Oversight Board for review and approval. SO SO SO $0 SO $0 SO Totals-Other Obligations $ 80,317,466 $ 2,385,000 :.:!..ZP.:., $ - $ - $ - $ - $ - $1,305,000 $1,365,000 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ....Only the January through June 2012 ROPS should Include expenditures for pass4hrough payments.Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through peym and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ••••-Administrative Cost Allowance caps am 5%of Form A 6-month totals In 2011-12 and 3%of Form A 6-month totals In 2012-13. The calculation should not factor In pass through payments paid for with RPTTF In Form D. 11B TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 476,908 0 Bonds 18)Low Mod Property Purchase TBA Housing Author Purchase property-commercial district Grand Terrace Proj Area 483,167 483,167 Other 463,167 463,18 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) - Totals-LMIHF `'�'-`'-" c ' - - - Totals-Band Proceeds 21,491,152 2,008,695 �kG PP 80,000 80,000 60,000 130,000 105,000 1,105,000 1,580,00 Totals-Other 483,187 483,167"si-°":tit - - - - - 483,167 463.16 Grand total-This Page 21,954,319 2,471,862 34:fr *: 80,000 80,000 80,000 130,000 105,000 1,588,167 2,043,16 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPE)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPE is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTIF could also mean tax Increment allocated to the Agency prior to February'',2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1.305.000 Grand total-All Pages $ 166,813,859 $10,897,288 WA 8138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7.484.989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 3/112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts ere projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance DISCUSSION: Generally under H & S §34171 an enforceable obligation means: a) bonds, as defined by applicable code sections b) Loans c) Payments required by federal and state governments d) Judgments and settlements e) Any legal and binding agreement f) Contracts necessary for administration or operations of the successor agency g) Amounts borrowed from or owed to the RDA Low Mod Fund h) Excludes certain loans between agencies creating the redevelopment agency and within certain periods. Recognized Obligation Payment Schedule (ROPS) —effective when validated As required by the County Auditor-Controller, the Successor Agency must approve a draft ROPS, covering July 1, 2012 to December 31, 2012, and submit the draft to their offices by April 15, 2012. Staff is drafting the ROPS to mirror the Initial Recognized Obligation Payment Schedule, adjusting for differences in coverage dates and changes in the budget. Only the payments listed on the ROPS may be paid by the Successor Agency. However, the final ROPS must be certified in order to be valid. In order to be a certified and final, the ROPS must be: 1) audited by an external auditor for accuracy 2) submitted to and approved by the oversight board 3) a copy of the ROPS approved by the oversight board is submitted to the a) County Auditor Controller, b) California Dept of Finance, c) posted on website of successor agency. A new ROPS must be completed every six months, and each ROPS must cover at least six months into the future. FISCAL IMPACT: There are no fiscal impacts by the adoption of the resolutions. it a Draft ROPS covering the period from July 1, 2012 to December 31, 2012 prior to April 15, 2012. Once approved the Successor Agency, the Draft ROPS must be presented to the Oversight Board for review and approval. SO SO SO $0 SO $0 SO Totals-Other Obligations $ 80,317,466 $ 2,385,000 :.:!..ZP.:., $ - $ - $ - $ - $ - $1,305,000 $1,365,000 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ....Only the January through June 2012 ROPS should Include expenditures for pass4hrough payments.Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through peym and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ••••-Administrative Cost Allowance caps am 5%of Form A 6-month totals In 2011-12 and 3%of Form A 6-month totals In 2012-13. The calculation should not factor In pass through payments paid for with RPTTF In Form D. 11B TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 476,908 0 Bonds 18)Low Mod Property Purchase TBA Housing Author Purchase property-commercial district Grand Terrace Proj Area 483,167 483,167 Other 463,167 463,18 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) - Totals-LMIHF `'�'-`'-" c ' - - - Totals-Band Proceeds 21,491,152 2,008,695 �kG PP 80,000 80,000 60,000 130,000 105,000 1,105,000 1,580,00 Totals-Other 483,187 483,167"si-°":tit - - - - - 483,167 463.16 Grand total-This Page 21,954,319 2,471,862 34:fr *: 80,000 80,000 80,000 130,000 105,000 1,588,167 2,043,16 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPE)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPE is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTIF could also mean tax Increment allocated to the Agency prior to February'',2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1.305.000 Grand total-All Pages $ 166,813,859 $10,897,288 WA 8138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7.484.989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 3/112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts ere projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance Respectfully submitted: Bernie Simon, Finance Director ATTACHMENTS: Resolution adopting Draft ROPS Draft ROPS -- --- - - - - - - - - ------ -- - - - --------- - - ------ - -- ------ -- ------ --- -- -- -- - - - Council Action Approved as Recommended: Denied/Other: Council Motion: Agency of the City of Grand Terrace ATTEST: Oversight Board Secretary _ _ _ Denied/Other: - - - - -- -- - - - - - - - - - - --- -- - Board Motion: Martinez, Agency Secretary tary Agreement with Albert Webb Associates Oversight Board Action_ Approved as Recommended: Denied/Other: Council Motion: leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the City. RESOLUTION NO. A.RESOLUTION OF THE CITY OF GRAND TERRACE AS SUCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY ADOPTING A DRAFT RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS) COVERING THE PERIOD OF JULY 1, 2012 TO DECEMBER 31, 2012 AS REQUIRED BY HEALTH AND SAFETY CODE SECTION 34177. WHEREAS, the Grand Terrace Community Redevelopment Agency, Grand Terrace, California ("Agency") was formed for the purpose of revitalizing areas within the City of Grand Terrace pursuant to Health and Safety Code Section 33000, et. seq.; WHEREAS, AB X1 26 required the dissolution of all redevelopment agencies in the state; WHEREAS, on January 10, 2012, the City as Successor Agency adopted Resolution 2012-01 electing to serve as the successor agency to the Grand Terrace Community Redevelopment Agency pursuant to Health and Safety Code Section 34176; and WHEREAS, the San Bernardino County Auditor Controller/Treasurer/Tax Collector (Auditor-Controller) has required a draft of the Recognized Obligation Payment Schedule, covering the period July 1, 2012 to December 31, 2012, to be submitted prior to April 15, 2012; WHEREAS, on March 27, 2012, the Recognized Obligations Payment Schedule (ROPS) for the period July 1, 2012 to December 31, 2012 pursuant to Health and Safety Code Section 34177(1) was considered by the City as Successor Agency; and NOW THEREFORE, THE CITY OF GRAND TERRACE AS SUCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. The City as Successor Agency finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution. SECTION 2. Pursuant to 34177(1), the draft ROPS for the period July 1, 2012 to December 31, 2012 are attached hereto as Attachment 1 is hereby approved, adopted, and incorporated by reference by the City as Successor Agency pursuant to Health and Safety Code Section 34177. SECTION 3. The City Manager is hereby authorized to perform all acts necessary to be compliant with ABX1 26 and the requirements set forth by the Auditor- Controller . ,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ....Only the January through June 2012 ROPS should Include expenditures for pass4hrough payments.Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through peym and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ••••-Administrative Cost Allowance caps am 5%of Form A 6-month totals In 2011-12 and 3%of Form A 6-month totals In 2012-13. The calculation should not factor In pass through payments paid for with RPTTF In Form D. 11B TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 476,908 0 Bonds 18)Low Mod Property Purchase TBA Housing Author Purchase property-commercial district Grand Terrace Proj Area 483,167 483,167 Other 463,167 463,18 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) - Totals-LMIHF `'�'-`'-" c ' - - - Totals-Band Proceeds 21,491,152 2,008,695 �kG PP 80,000 80,000 60,000 130,000 105,000 1,105,000 1,580,00 Totals-Other 483,187 483,167"si-°":tit - - - - - 483,167 463.16 Grand total-This Page 21,954,319 2,471,862 34:fr *: 80,000 80,000 80,000 130,000 105,000 1,588,167 2,043,16 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPE)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPE is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTIF could also mean tax Increment allocated to the Agency prior to February'',2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1.305.000 Grand total-All Pages $ 166,813,859 $10,897,288 WA 8138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7.484.989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 3/112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts ere projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED APPROVED AND ADOPTED this 27th day of March, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Walt Stanckiewitz, Mayor ATTEST: Tracey R. Martinez, City Clerk APPROVED AS TO FORM: Richard L. Adams II, City Attorney State of California ) County of San Bernardino )ss. State of California ) I, Tracey R. Martinez, hereby certify that I am the duly appointed City Clerk of the City of Grand Terrace and that the foregoing resolution was duly adopted at a regular meeting of the City Council and the City Council as the Successor Agency to the. Community Redevelopment Agency of the City of Grand Terrace held on the 27th day of March, 2012. ing or consulting services, of the type utilized by the City. Tracey R. Martinez, City Clerk o the adoption of this Resolution. PASSED APPROVED AND ADOPTED this 27th day of March, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Walt Stanckiewitz, Mayor ATTEST: Tracey R. Martinez, City Clerk APPROVED AS TO FORM: Richard L. Adams II, City Attorney State of California ) County of San Bernardino )ss. State of California ) I, Tracey R. Martinez, hereby certify that I am the duly appointed City Clerk of the City of Grand Terrace and that the foregoing resolution was duly adopted at a regular meeting of the City Council and the City Council as the Successor Agency to the. Community Redevelopment Agency of the City of Grand Terrace held on the 27th day of March, 2012. ing or consulting services, of the type utilized by the City. Attachment 1 Recognized Obligations Payment Schedule (ROPS) July 1, 2012 to December 31, 2012 ay of March, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Walt Stanckiewitz, Mayor ATTEST: Tracey R. Martinez, City Clerk APPROVED AS TO FORM: Richard L. Adams II, City Attorney State of California ) County of San Bernardino )ss. State of California ) I, Tracey R. Martinez, hereby certify that I am the duly appointed City Clerk of the City of Grand Terrace and that the foregoing resolution was duly adopted at a regular meeting of the City Council and the City Council as the Successor Agency to the. Community Redevelopment Agency of the City of Grand Terrace held on the 27th day of March, 2012. ing or consulting services, of the type utilized by the City. RECOGNIZED OBLIGATION PAYMENT SCHEDULE-CONSOLIDATED FILED FOR THE JULY 1,2012 to DECEMBER 31,2012 PERIOD Name of Successor Agency CITY OF GRAND TERRACE AS SUCCESSOR AGENCY TO COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE-RR34 Current Total Outstanding Total Due Debt or Obligation During Fiscal Year Outstanding Debt or Obligation $ 166,813,959.00 $ 10,897,288.00 • Total Due for Six Month Period Outstanding Debt or Obligation $ 7,484,989.00 Available Revenues other than anticipated funding from RPTTF $ 2,090,213.00 Enforceable Obligations paid with RPTTF $ 3,839,776.00 Administrative Cost paid with RPTTF $ 250,000.00 Pass-through Payments paid with RPTTF $ 1,305,000.00 Administrative Allowance(greater of 5%of anticipated Funding from RPTTF or 250,000.Note:Calculation should not include pass-through payments made with RPTTF The RPTTF Administrative Cost figure above should not exceed this Administrative Cost Allowance .$ 250,000.00 Certification of Oversight Board Chairman: Pursuant to Section 34177(I)of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Name Title Enforceable Payment Schedule for the above named agency Signature Date Agency; and NOW THEREFORE, THE CITY OF GRAND TERRACE AS SUCESSOR AGENCY TO THE GRAND TERRACE COMMUNITY REDEVELOPMENT AGENCY DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: SECTION 1. The City as Successor Agency finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution. SECTION 2. Pursuant to 34177(1), the draft ROPS for the period July 1, 2012 to December 31, 2012 are attached hereto as Attachment 1 is hereby approved, adopted, and incorporated by reference by the City as Successor Agency pursuant to Health and Safety Code Section 34177. SECTION 3. The City Manager is hereby authorized to perform all acts necessary to be compliant with ABX1 26 and the requirements set forth by the Auditor- Controller . ,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ....Only the January through June 2012 ROPS should Include expenditures for pass4hrough payments.Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through peym and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance ••••-Administrative Cost Allowance caps am 5%of Form A 6-month totals In 2011-12 and 3%of Form A 6-month totals In 2012-13. The calculation should not factor In pass through payments paid for with RPTTF In Form D. 11B TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 476,908 0 Bonds 18)Low Mod Property Purchase TBA Housing Author Purchase property-commercial district Grand Terrace Proj Area 483,167 483,167 Other 463,167 463,18 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) - Totals-LMIHF `'�'-`'-" c ' - - - Totals-Band Proceeds 21,491,152 2,008,695 �kG PP 80,000 80,000 60,000 130,000 105,000 1,105,000 1,580,00 Totals-Other 483,187 483,167"si-°":tit - - - - - 483,167 463.16 Grand total-This Page 21,954,319 2,471,862 34:fr *: 80,000 80,000 80,000 130,000 105,000 1,588,167 2,043,16 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPE)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPE is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTIF could also mean tax Increment allocated to the Agency prior to February'',2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1.305.000 Grand total-All Pages $ 166,813,859 $10,897,288 WA 8138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7.484.989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)Is to be completed by 3/112012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts ere projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,Interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE-RR34 FORM A-Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) RDA Project Area All GRAND TERRACE PROJECT AREA DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34177(•) Total Due Total Outstanding During Fiscal ••• Debt or Year Funding Project Area Obligation 2011-2012•• Source Payable from the Redevelopment Property Tax Trust Fund(RPTTF) Contract/Agreement _ Payments by month Jul Aug Sep Oct Nov Dec ' Project Name/Debt Obligation Execution Date Payee Description 2012 2012 2012 2012 2012 2012 Total 1)2004 Tax Allocation Bonds 2004 US Bank Debt Service on 2004 CRA Tax Alloc Bonds Grand Terrace Proj Area 1,966,188 1,966,188 RPTTF 666,188 - $ 666,188 2)2011 A Tax Allocation Bond 2011 US Bank Debt Service on 2011 CRA Tax Alloc Bonds Grand Terrace Proj Area 28,985,500 1,099,196 RPTTF 680,898 418,298 $ 1,099,196 3)2011 B Tax Allocation Bond 2011 US Bank Debt Service on 2011 CRA Tax Alloc Bonds Grand Terrace Proj'Area 9,610,296 631,280 RPTTF 429,545 201,735 $ 631,280 4)Trustee Fees 2004/2011 Indenture US Bank Trustee Services for2004 8,2011 TABS Grand Terrace Proj Area 266,530 12,115 RPTTF 12,115 $ 12,115 5)Zion Loan 2009 Zion First National Bank Private Refunding of CRA Debt Grand Terrace Proj Area 2,421,052 254,848 RPTTF 127,424 127,424 $ 254,848 6)SERAF Transfer 2010 Housing Fund Repayment of loan for SERAF Grand Terrace Proj Area 448,636 448,636 RPTTF 448,636 $ 448,636 7)Repayment of Debt Service 9/13/2011 SB Valley Muni Water Repay incorr debt service distrib-SB ATC Grand Terrace Proj Area 2,062,472 232,88E RPTTF 232,888 $ 232,888 I 8)Agency Attorney 9/27/2011 Jones and Mayer Successor Agency Legal consulting Grand Terrace Proj Area 60,000 60,000 RPTTF 5,000 5,000 5,000 5,000 5,000 5,000 $ 30,000 9)Stater Brothers OPA 2/22/2011 Stater Brothers Markets Payment on participation agreement Grand Terrace Proj Area 1,207,500 241,500 RPTTF S - 10)Residual Receipts 2/24/2009 City of Grand Terrace Affordable housing payment agreement Grand Terrace Proj Area 3,000,000 300,000 RPTTF 300,000 $ 300,000 11)Consulting Services On-going RSG Annual reporting requirements/administration Grand Terrace Proj Area 25,000 25,000 RPTTF 2,500 2,500 5,000 5,000 10,000 $ 25,000 12)Consulting Services On-going City News Group Advertising/Noticing Grand Terrace Proj Area 10,000 10,000 RPTTF 2,313 2,313 2,313 2,313 2,313 $ 11,565 13)Consulting Services Purchase Order' Smothers Appraisers Property Appraisals Grand Terrace Proj Area 13,400 13,400 RPTTF 9,000 4,400 $ 13,400 14)Consulting Services 4/12/2011 ACE Weed Abatement Weed abatement for Agency property Grand Terrace Proj Area 100,000 20,00D RPTTF 10,000 10,000 $ 20,000 15)Consulting Services 7/13/2010 Chamber of Commerce Business development services Grand Terrace Proj Area 20,600 10,300 RPTTF 860 860 860 860 860 860 $ 5,160 16)Consulting Services 2004/2011 Indenture Urban Futures Continuing Disclosure Reporting-bond issues Grand Terrace Proj Area 84,O00 7,000 RPTTF - 3,500 $ 3,500 17)Agency Owned Property Various Various contractors Property Maintenance and Insurance Grand Terrace Proj Area 30,000 6,000 RPTTF 500 500 500 500 50D 500 $ 3,000 18)Annual Audit and Reporting On-going Rogers Anderson Melody Required annual auditing services Grand Terrace Proj Area 70,000 15,000 RPTTF 7,500 $ 7,500 19)Professional Services On-going contractors Prof Svcs-Agency Disotution-Oversight Grand Terrace Proj Area 200,000 50,00D RPTTF 10,000 10,000 10,000 10,000 10,000 $ 50,000 20)Professional Services On-going Special Counsel Oversight Board Legal Consulting Grand Terrace Proj Area 140,000 35,000 RPTTF 2,916 2,916 2,917 2,917 2,917 2,917 $ 17,500 21)Professional Services 2/23/10 8,ongoing HDL Property tax allocation reconciliation Grand Terrace Proj Area 56,000 8,000 RPTTF - - - 2,50D 5,500 $ 8,000 22) $ - 23) $ - 24) $ - 25) $ - 26) $ - 27) - $ - 28) - $ - 29) - $ - 30) $ - 31) $ - 32) Totals-This Page(RPTTF Funding) $ 50,777,174 $ 5,446,351 N/A $ 9,276 $1,947,759 S 33,090 $ 30,090 $ 39,090 $1,780,471 $ 3,839,776 Totals-Page 2(Other Funding) $ 21,954,319 $ 2,471,862 N/A $ 80,000 $ 80,000 $ 80,000 $130,000 $105,000 $1,568,167 $ 2,043,167 Totals-Page 3(Administrative Cost Allowance) $ 13,765,000 $ 594,075 N/A $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1,305,000 Grand total-All Pages $ 166,813,959 $10,897,288 N/A $138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7,484,989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE-RR34 FORM B-All Revenue Sources Other Than Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) RDA Project Area All-GRAND TERRACE PROJECT AREA DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE Per AB 26-Section 34177(•) Total Total Due Payable from Other Revenue Sources ContracUAgreement Outstanding During Fiscal Payments by month Debt or Year Funding Jul Aug Sep Oct Nov Dec Project Name I Debt Obligation Execution Date Payee Description Project Area Obligation 2011-2012•1 Source•` 2012 2012 2012 2012 2012 2012 Total 1)Grand Terrace Project Area Bond indent/Tax Cert 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area 13,510,568 Bonds 2) Michigan Street improvements:design and ROW acq. 3/13/2012 Webb&Assoc 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area 908,695 Bonds 80,000 80,000 80,000 80,000 80,000 80,000 480,00 3) Southwest project area:Infrastructure study and design Bond Indent/Tax Cert To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area Bonds 4) Southwest project area:Infrastructure construction Bond Indent/Tax Cert To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area Bonds 5) Barton Road infrastructure improvements Bond indent/Tax Cert To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area 100,000 Bonds 50,000 25,000 25,000 100,00 6) Michigan Street Improvements:construction Bond Indent/Tax Cert To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area Bonds 7) Union Pacific/Barton Road bridge construction Bond Inderb Tax Cert To he named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area Bonds 8) Strom drain&street rehab:Van Buren,Pico,and Main St. Bond Indent/Tax Curt To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area Bonds 9) Mt.Vemon slope stabilization Bond indent/Tax Cert To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area Bonds - 10) Vista Grande Perk construction Bond indent/Tax Cert To be named 2011A Bond Indenture-Public Infrastructure Grand Terrace Proj Area _ Bonds 11)Grand Terrace Project Area Bond indent/Tax Cert 2011B Bond Indenture-Public Infrastructure Grand Terrace Proj Area 3,622,784 Bonds 12) Land Assembly Southwest mixed use area Bond indent/Tax Cert Prop Owners 2011B Bond Indenture-Public Infrastructure Grand Terrace Proj Area 500,000 Bonds 500,000 500,00 13) Land Assembly on Barton Road Bond indent/iax Curt Prop Owners 2011B Bond Indenture-Public Infrastructure Grand Terrace Proj Area 500,000 Bonds 500,000 500,00 14)2004 Tax Allocation Bonds Debt Service on 2004 CRA Tax Alloc Bonds(to be paid from Bond Reserve) Grand Terrace Proj Area 1,300,000 1,300,000 Bonds 1,300,000 1,300,00 15)2004 TABS Reserve 2004 N/A Bond Reserve Requirement Grand Terrace Proj Area 1,300,000 -1,300,000 Bonds -1,300,000 -1,300,00 16)2011A TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 1,280,894 0 Bonds 17)2011B TABS Reserve 2011 N/A Bond Reserve Requirement Grand Terrace Proj Area 476,906 0 Bonds 18)Low Mod Property Purchase TBA Housing Author Purchase property-commercial district Grand Terrace Proj Area 463,167 463,167 Other 463,167 463,16 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) Totals-LMIHF - - - - - - - Totals-Bond Proceeds 21,491,152 2,008,695 80,000 80,000 80,000 130,000 105,000 1,105,000 1,580,00 Totals-Other 463,167 463,167 - - - - - 463,167 463,16 Grand total-This Page 21,954,319 2,471,862 80,00D 80,000 80,000 130,000 105,000 1,568,167 2,043,16 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final RODS is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance $ - 28) - $ - 29) - $ - 30) $ - 31) $ - 32) Totals-This Page(RPTTF Funding) $ 50,777,174 $ 5,446,351 N/A $ 9,276 $1,947,759 S 33,090 $ 30,090 $ 39,090 $1,780,471 $ 3,839,776 Totals-Page 2(Other Funding) $ 21,954,319 $ 2,471,862 N/A $ 80,000 $ 80,000 $ 80,000 $130,000 $105,000 $1,568,167 $ 2,043,167 Totals-Page 3(Administrative Cost Allowance) $ 13,765,000 $ 594,075 N/A $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1,305,000 Grand total-All Pages $ 166,813,959 $10,897,288 N/A $138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7,484,989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE-RR34 FORM C-Administrative Cost Allowance Paid With Redevelopment Property Tax Trust Fund(RPTTF) Project Area(s) RDA Project Area All GRAND TERRACE PROJECT AREA - DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE , Per AB 26-Section 34177(*) Total Due Total Outstanding During Fiscal Debt or Year Funding Project Area Obligation 2011-2012" Source** Payable from the Administrative Allowance Allocation"'• Payments by month Jul Aug Sep Oct Nov Dec Project Name/Debt Obligation Payee Description 2012 2012 2012 2012 2012 2012 Total 1)Employee Costs City of Grand Terrace Agency direct employee costs Grand Terrace Proj Area 4,945,000 215,000 RPTTF 17,917 17,917 17,917 17,917 17,917 17,915 $ 107,500 2)Employee Costs City of Grand Terrace Agency direct employee costs-PERS Grand Terrace Proj Area 1,000,000 39,075 RPTTF 3,256 3,256 3,256 3,256 3,256 3,256 $ 19,536 3)Office Rent/Cost Allocation City of Grand Terrace G&A indirect overhead cost allocation-34% Grand Terrace Proj Area 7,389,900 321,300 RPTTF/Other 26,775 26,775 26,775 26,775 26,775 26,775 $ 160,650 4)Cost Allocation-Adm 0/H Liab Ins City of Grand Terrace G&A Admin indirect 0/H Insurance-34% Grand Terrace Proj Area 430,100 '18,700 RPTTF/Other 1,560 1,560 1,560 1;560 1,560 1,560 $ . 9,360 5) $ - 6) • $ - 7) $ - 8) $ - 9) $ - 10) $ - 11) $ - 12) $ - 13) $ - 14)_ $ $ 15) $ - - 16) $ 17) $ 18) $ - 19) $ 20) $ - 21) $ 22) $ - 23) $ - - 24) $ 25) $ - 26) $ - 27) $ - 28) $ . $ $ $ . . $ - $ - $ - Totals-This Page 13,765,000 . 594,075 49,508 49,508 49,508 49,508 49,508 49,506 297,046 The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 311/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart **All total due during fiscal year and payment amounts are projected. ••'Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance •••.-Administrative Cost Allowance caps are 5%of Form A 6-month totals In 2011-12 and 3%of Form A 6-month totals In 2012-13. The calculation should not factor in pass through payments paid for with RPTTF in Form D. . - - - - - - Totals-Bond Proceeds 21,491,152 2,008,695 80,000 80,000 80,000 130,000 105,000 1,105,000 1,580,00 Totals-Other 463,167 463,167 - - - - - 463,167 463,16 Grand total-This Page 21,954,319 2,471,862 80,00D 80,000 80,000 130,000 105,000 1,568,167 2,043,16 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final RODS is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance $ - 28) - $ - 29) - $ - 30) $ - 31) $ - 32) Totals-This Page(RPTTF Funding) $ 50,777,174 $ 5,446,351 N/A $ 9,276 $1,947,759 S 33,090 $ 30,090 $ 39,090 $1,780,471 $ 3,839,776 Totals-Page 2(Other Funding) $ 21,954,319 $ 2,471,862 N/A $ 80,000 $ 80,000 $ 80,000 $130,000 $105,000 $1,568,167 $ 2,043,167 Totals-Page 3(Administrative Cost Allowance) $ 13,765,000 $ 594,075 N/A $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1,305,000 Grand total-All Pages $ 166,813,959 $10,897,288 N/A $138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7,484,989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance Name of Redevelopment Agency: COMMUNITY REDEVELOPMENT AGENCY OF GRAND TERRACE-RR34 FORM D-Pass-Through Payments Project Area(s) RDA Project Area All GRAND TERRACE PROJECT AREA J ) OTHER OBLIGATION PAYMENT SCHEDULE f ,r * Per AB 26-Section 34177(•) , -� Total Due During 4. Total Outstanding Fiscal Year Source of Debt or Obligation 2011-2012•• Fund*** Pass Through and Other Payments Payments by month Jul Aug Sep Oct Nov Dec Project Name/Debt Obligation Payee Description Project Area 2012 2012 2012 2012 - 2012 2012 Total 1)Statutory Pass Through City of Grand Terrace Statutory payment obligation Grand Terrace Proj Area 4,800,000 80,000 RPTTF - 40,000 $40,000 2)Statutory Pass Through San Bernardino Comm Coil Statutory payment obligation Grand Terrace Proj Area 4,800,000 80,000 RPTTF - 40,000 $40,000 3)Negotiated Pass Through Colton Joint USD Payment per agreement Grand Terrace Proj Area 10,861,960 225,000 RPTTF - - 225,000 $225,000 4)Pass Through Administered by County Taxing entities Payment per agreement .Grand Terrace Proj Area 59,855,506 2,000,000 RPTTF 1,000,000 $1,000,000 5) $0 6) $0 7) $0 8) $0 9) $0 10) $0 11) $0 12) $0 13) $0 14) $0 15) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Totals-Other Obligations $ 80,317,466 $ 2,385,000 $ - $ - $ - $ - $ - $1,305,000 $1,305,000 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS is submitted to the State Controller and State Depart .'All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance •-Only the January through June 2012 ROPS should include expenditures for pass-through payments.Starting with the July through December 2012 ROPS,per HSC section 34183(a)(1),the county auditor controller will make the required pass-through paym ent amounts are projected. ••'Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance •••.-Administrative Cost Allowance caps are 5%of Form A 6-month totals In 2011-12 and 3%of Form A 6-month totals In 2012-13. The calculation should not factor in pass through payments paid for with RPTTF in Form D. . - - - - - - Totals-Bond Proceeds 21,491,152 2,008,695 80,000 80,000 80,000 130,000 105,000 1,105,000 1,580,00 Totals-Other 463,167 463,167 - - - - - 463,167 463,16 Grand total-This Page 21,954,319 2,471,862 80,00D 80,000 80,000 130,000 105,000 1,568,167 2,043,16 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final RODS is submitted to the State Controller and State Depart ••All total due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency:(For fiscal 2011-12 only,references to RPTTF could also mean tax increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance $ - 28) - $ - 29) - $ - 30) $ - 31) $ - 32) Totals-This Page(RPTTF Funding) $ 50,777,174 $ 5,446,351 N/A $ 9,276 $1,947,759 S 33,090 $ 30,090 $ 39,090 $1,780,471 $ 3,839,776 Totals-Page 2(Other Funding) $ 21,954,319 $ 2,471,862 N/A $ 80,000 $ 80,000 $ 80,000 $130,000 $105,000 $1,568,167 $ 2,043,167 Totals-Page 3(Administrative Cost Allowance) $ 13,765,000 $ 594,075 N/A $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,508 $ 49,506 $ 297,046 Totals-Page 4(Pass Thru Payments) $ 80,317,466 $ 2,385,000 N/A $ - $ - $ - $ - $ - $1,305,000 $ 1,305,000 Grand total-All Pages $ 166,813,959 $10,897,288 N/A $138,784 $2,077,267 $ 162,598 $209,598 $193,598 $4,703,144 $ 7,484,989 • The Preliminary Draft Recognized Obligation Payment Schedule(ROPS)is to be completed by 3/1/2012 by the successor agency,and subsequently be approved by the oversight board before the final ROPS Is submitted to the State Controller and State Depart ••All totals due during fiscal year and payment amounts are projected. •••Funding sources from the successor agency: (For fiscal 2011-12 only,references to RPTTF could also mean tax Increment allocated to the Agency prior to February 1,2012.) RPTTF-Redevelopment Property Tax Trust Fund Bonds-Bond proceeds Other-reserves,rents,interest earnings,etc LMIHF-Low and Moderate Income Housing Fund Admin-Successor Agency Administrative Allowance