HomeMy WebLinkAboutRDA 00-4 I RESOLUTION NO. RDA 00-4
2
A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF
3 THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE HOUSING
DEFICIT REDUCTION PLAN FOR THE TOWN CENTER
4 REDEVELOPMENT PROJECT AREA.
5
6 The Community Redevelopment Agency of the City of Tustin does hereby resolve as follows:
7 WHEREAS, the Community Redevelopment Agency of the City of Tustin (the "Agency") has
adopted a Redevelopment Plan for the Town Center Project Area; and
8
9 WHEREAS, Section 33334.2 of the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) requires that not less than twenty percent (20%) of the taxes
l0 allocated to the agency from project areas be used for the purpose of increasing, improving and
preserving the community's supply of low and moderate income housing available at affordable housing
I l cost; and
12 WHEREAS, Section 33334.6(c) of the California Community Redevelopment Law requires
that, except as otherwise permitted by Section 33334.6(d) and (e), not less than twenty percent (20%) of
~3 the taxes allocated to the agency from project areas for the 1985-86 fiscal year and each succeeding
~4 fiscal year shall be deposited into the Low and Moderate Income Housing Fund and use for the purposes
set forth in Section 33334.2; and
15
WHEREAS, Section 33334.6(g) of the California Community Redevelopment Law requires
16 that the agency adopt a plan to eliminate the deficit in subsequent years as determined by the agency if,
pursuant to Section 33334.6(d) and (e) the agency deposits less than twenty percent (20%) of the taxes
17 allocated to the agency in the 1985-86 fiscal year or any subsequent fiscal year for each affected project
Is area; and
19 WHEREAS, the Agency, on Febmar>, 1, 1993, approved a Housing Deficit Plan for the
repayment of deferred deposits to the Housing Fund for the Town Center Project Area from 1986-87 to
2o 1992-93 pursuant to Section 33334.6 (d) and instructed staff to begin making deposits to the Housing
Fund in fiscal year 1992-93.
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NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE
23 CITY OF TUSTIN DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
24 Section 1: The Housing Deficit ReduCtion Plan for .the Town Center Redevelopment Project
Area attached hereto as Exhibit "A" is hereby approved.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Tustin Community
Redevelopment Agency, held on the Ist day of May, 2000.
Redevelopment Agency Chairman
PA~"ELAS'~T'~K17R' '
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. RDA 00-4
Pamela Stoker, Recording Secretary of the Tustin Community Redevelopment Agency of the City of
Tustin, California, does hereby certify that the whole number of the members of the Tustin Community
R~development Agency is five; that the above and foregoing resolution was passed and adopted at a
regular meeting of the Tustin Community Redevelopment Agency held on the 1~t day of May, 20.00, by
the following vote:
AGENCY MEMBER AYES: TItOK~, I~IORLE~, DOYLE, POTTS, S~I.TLRE'ILI
AGENCY MEMBER NOES: IlORE
AGENCY MEMBER ABSTAINED:
AGENCY MEMBER ABSENT: lqOllE
~m~fa ~toker, Re~'6rdi~/g Secret~
HOUSING DEFICIT
REDUCTION
PLAN
PURSUANT TO SECTION 33334.6 OF THE
CALIFORNIA COMMUNITY REDEVELOPMENT LAW
TOWN CENTER REDEVELOPMENT PROJECT AREA
Tustin Community Redevelopment Agency
Tustin, California
Adopted ,2000
INTRODUCTION
This document represents the Housing Deficit Reduction Plan ("Deficit Reduction
Plan" or "Plan") for the amended Redevelopment Plan for the Town Center Area
Redevelopment Project in the City of Tustin. This Deficit Reduction Plan replaces
the previous Deficit Reduction Plan in its entirety and covers the entire existing
deficit to the Housing Fund. The Deficit RedUction Plan has been prepared by the
Tustin Community Redevelopmerit Agency (the "Agency") in compliance with the
California Community Redevelopment Law (the "CRL').
The CRL requires that no less than 20% of the tax increment revenue generated in
any redevelopmerit project area be deposited into a separate fund to be used for the
purpose of increasing and improving the supply of low and moderate income
housing (the "Housing Fund"). This requirement began to apply to redevelopmerit
project areas adopted before 1977 in 1985, when retroactive legislation was enacted
(Section 33334.6 of the CRL). Section 33334.6 requires that redevelopmerit agencies
with pre-1977 projects begin making deposits to the Housing Fund starting in fiscal
year 1985-86.
The legislature recognized the financial hardship that this new requirement might
have on some redevelopmerit project areas by allowing redevelopmerit agencies up
to ten years to begin to make these deposits if funds were otherwise needed to
complete planned projects in an orderly fashion or to repay preexisting obligations.
Any amounts that were not deposited to the Housing Fund during this time period,
however, became a deficit to the Housing Fund. Redevelopment agencies that have
these deficits to the HoUsing Fund are required to adopt a plan to eliminate the
deficit in future fiscal years.
This Deficit Reduction Plan is intended to be a policy statement to assure that the
deficit to the Housing Fund is repaid. While projections of specific future annual
deposits are included herein, such amounts should be considered current best
estimates only. Actual deposits to the Housing Fund will be governed by actual
future financial conditions of the Project and the Agency. Further, amounts payable
to the Housing Fund, if any, pursuant to this Deficit Reduction Plan are subordinate
to all current obligations of the Agency, and any future bonds, notes or other debt
issued by or on behalf of the Agency.
This Deficit Reduction Plan may be amended at any tixne by action of the
Redevelopment Agency.
BACKGROUND
The Project Area .
The Town Center Redevelopmerit Project Area is located in central Tusfin and
incorporates the historic "Old Town" and dvic center as well as a majority of the
commercial properties within the central portion of the City. The Town Center
Project Area contains many of the City's retail and office jobs and is the center of
goods and services that serve the greater Tustin area. The Project Area is comprised
of primarily corninertial uses (approximately 90% of the Project Area land use).
Relatively few residential uses exist within the Project Area.
The Redevelopmerit Plan for the Town Center Redevelopment Project Area was
adopted on November 22, 1976 (Ord~ No. 701). The Redevelopmerit Plan has been
amended twice, on September 8, 1981 and March 20, 1989 (Ord. Nos. 855 and 1021)
to revise and update certain elements of the Redevelopment Plan. On November 21,
1.994, the Redevelopment Plan was amended a third time to conform the time limits
of the Redevelopment Plan to the provisions of newly adopted legislation, California
Assembly Bill 1290 (Ord. No. 1141).
As the Town Center Project was initially adopted prior to 1977, it was not subject to
the 20% housing set aside requirement until 1985 when the retroactive legislation
was enacted (Section 33334:.6 of the CRL). As outlined above, that legislation
provided a grace period wherein the Agency was able to defer deposits into the
Housing Fund to allow it to fund the completion of pre-existing plans, programs
and activities. The Agency elected to defer deposits to the Housing Fund 'for the
Town Center Project from 1986-87 to 1991-92, resulting in a deficit of $2,776,042.
The South Central Redevelopment Project was adopted after 1977 and therefore was
not allowed to defer its housing set-aside deposits under the 1985 legislation.
Housing Deficit Reduction Plan History
In February 1993, the Agency adopted a Housing Deficit Reduction Plan for the
Town Center Project as required by law: That Deficit Reduction Plan was based on a
cash flow projection for the Project, which reflected estimates that deposits to the
Housing Fund to relieve the deficit could commence in 1996-97. Since that time,
however, a number of events have occurred which have inhibited the Agency's
ability to meet the projected payment schedule outlined in the Deficit Reduction
Plan. First in 1994, legislation was enacted, commonly known as AB 1290, that
severely curtail~ the length of time that the Agency has to finance projects, programs
and activities for the Project Area. Second, economic conditions not apparent when
the initial Housing Defttit Reduction Plan was adopted have not only thwarted the
Agency's ability to implement a shorter completion time frame, but have made
meeting preexisfing obligations a challenge.
AB 1290 provides that after 2004, the Agency will not be able to incur debt for the
Project As redevelopment is, by definition, financed through the repayment of
debt, the Agency's activities after 2004 will be limited to those projects that it was
able to finance by the 2004 deadline. Previously, the Agency could incur debt for the
Project at any time through 2019. Because of this new deadline, in 1994 the Agency
essentially needed to accelerate the completion of its' redevelopmerit program to a
'10-year timeframe from a potential 25-year time frame.
When the Housing Deficit Reduction Plan was adopted in early 1993, southern
California was in a recession. Property taxes were being impacted somewhat by
appeals, but were still partially insulated because the provisions of Proposition 13
(enacted in 1978) kept the assessed values for many properties substantially under
the true market value. Further, it was anticipated that the recession would end soon
and that property values would return to normal patterns for California.
Historically, such recessions were characterized by a slowing or slight reduction in
property values, followed by periods of rising values. Clearly, that did not happen
with this recessionary cycle. The duration of the downturn and the significant
impact it made on property values throughout the region was essentially
unprecedented.
It was infeasible for the Agency to meet the deficit reduction schedule outlined in
the previous Housing Deficit Reduction Plan for several reasons. First, tax
increment revenues decreased rather than increased as anticipated in the previous
Plan, and are only now returning to previous levels. For the current fiscal year,
1999-00 tax increment revenues are st:ill slightly lower that tax increment revenues
received 7 years earlier (1992-93). Second, the Agency began meeting its "new"
t-Iousing Set-Aside obligation in 1992-93, the commencement .of a period of
declining tax' increment revenues. This left less discretionary tax increment
available than previously projected for other Project obligations. Finally, the AgenCy
issued bonds in 1991 predicated on assumptions of continued strong growth in tax
increment revenues and the ability to defer the Agency's housing set-aside
requirement for several more years. When actual revenues declined rather than
increased, the result has been that bond debt service comprises a disproportionate
share of annual tax increment receipts~
Because of the factors outlined above, the Agency has just been able to meet existing
obligations and has had little money available for other purposes, including
repaying the deficit-to the Housing Fund or funding the completion of its
redevelopmerit program in the Town Center Project Area. As a result, the Agency's
implementation of the Town Center Project has not progressed as quickly as
previously anticipated. The implementation of these projects, many of which have
long been delayed, will need to take priority over repayment of the Housing Deficit,
at least until after 2004.
THE REPAYMENT PLAN
This section of the Deficit Reduction Plan outlines the specific repayment plan
adopted by the Agency for the repayment of the Agency's current deficit to the
Housing Fund. The intent of the Plan is to provide for the repayment of the deficit
to the Housing Fund as soon'as practical, while simultaneously protecting the
Agency's ability to complete its plans, programs and activities for the Project Area
that are not housing related. Further, it is desired th~it the Deficit Reduction Plan be
flexible in nature and provide a workable framework for the repayment of the deficit
whether revenues growth is stagnant, or increases at a more robust pace.
The Deficit Reduction Foi-a~ula
No deposits are required to relieve the deficit prior to the expiration of the term of
the current Implementation Plan in 2004-05. As outlined in the Agency's recently
adopted Implementation Plan, tax increment revenues are not anticipated to be
sufficient to fully fund all of the plans, programs and activities included in the
Implementation Plan. In addition, the Agency only has until 2004 to incur non-
housing debt, although debt incurred for low- and moderate-income housing
purposes can be established beyond that timeframe. Under the CRL, all tax
increment revenues must be used to repay debt. As such, debt issuance is the
cornerstone of program implementation in the redevelopment process. Therefore,
the Agency will concentrate its energy and resources over the next five years
(through 2004-05) on unfinished non-housing plans and programs. The Housing
Deficit can be adequately addressed in subsequent fiscal years.
A formula has been established for the repayment of the Housing Deficit. Using a
formula provides greater flexibility for the Plan that can still be applicable should
tax increment revenues be significantly higher or lower than amounts currently
projected. The formula is as follows:
In any given year that Non-Housing Tax Increment Revenues equal
at least 125% of Annual Obligations, then the Agency will make a
deposit to the Housing Fund to relieve, in whole or in part, the
Housing Deficit. The amount of the deposit should equal 20% of the
Net Tax Increment Revenue available.
Capitalized terms used above have the meanings shown below:
Annual Obligations: Means all actual current and future annual
obligations of the Agency to be repaid from Non-Housing Tax
Increment (exclusive of the Housing Deficit), including debt service
on bonds, notes and other borrowings and administrative costs.
Net Tax Increment Revenue: Means total actual annual Non-
Housing Tax Increment receipts for the Town Center Project, less
Annual Obligations.
Non Housing Tax Increment Revenues: Means actual annual tax
increment revenues received from the Project Area, less the annual 20
percent housing set-aside requirement.
An example 'of the calculation of net tax increment revenues for a
hypothetical future fiscal year is as follows:
Fiscal Year
Description 2014-15
Non-Housing Tax Increment Revenues ' $ 3,917,401
Less Annual Obligations:
Debt Service - 1998 Bonds 1,670,000
Debt Service - 2004 Bonds 980,000
Annual Administrative Costs 269,174
Net Tax Increment Revenues 998,227
Percentage Due for Deficit Reduction 20%
Housing Deficit Reduction Payment $199,645
No deposits are required in any year that NoneHousing Tax
Increment Revenues do not achieve .the 125% threshold. The amount
of the deficit as of April 1, 2000 is $2,776,042. Once the 'Agency has
deposited this amount into the Housing Fund (from revenues not
otherwise payable to the Housing Fund), whether through the
application of this formula or otherwise, the deficit shall be deemed
paid in full and no additional payments shall be due.
Application of the Formula
Given current best estimates of tax increment revenues that may be generated over
the remaining life of the Town Center Project, application of the above formula
would result in the full repayment of the deficit by 2023. The attached Table 1
demonstrates one possible repayment scenario based on current best estimates of
future tax increment revenues 'for the Project.
As shown on Table 1, nOn-housing tax increment revenues are projected to increase
from approximately $1.9 million anticipated for the fiscal year ending June 30, 2000
(1999-00) to slightly over $2.6 million in 2004-05. Strong growth In tax increment
revenue is anticipated over the next few years, reflecting the assumption of a
continuation of the current robust economy and restored real estate environment.
The pace of revenue growth for the Project, however, is assumed to slow after 2004-
05 to a level consistent with the rate of growth experienced by the Project since its
adoption in 1976 (about 4%). Debt service amounts are based on actual amounts for
the 1998 Bond issue and are projected for the assumed 2004 finandng. As 2004 is the.
last date the Agency currently has to incur additional debt, Table 1 reflects the
assumption that the Agency will issue bonds for non-housing purposes and will
fully leverage tax increment revenues in that year. Administrative cost estimates
included on Table 1 begin at $200,000 in 1999-00 and are assumed to escalate
annually by 2%. Actual administrative costs, particularly after the end of the Plan's
effectiveness in 2014, may vary from these estimates. ,
As shown on Table 1, annual deposits to the Housing Fund are projected to
commence in 2014-15 in the amount of $199,645, with payments continuing each
year in increasing amounts until the deficit is fully repaid in 2022-23. See columns
entitled" 20% Deficit Reduction" and ,Cumulative Reduction" on Table 1.
Repayment of the Housing Fund Deficit is assumed to commence at such time as tax
increment revenues reach 125 percent of debt service on the' 1998 bond issue, the
assumed 2004 bond issue and the $200,000+ for annual administrative costs. The
potential payments to the Housing Fund to relieve the-Deficit equal 20 percent of the
amount of tax increment revenues in excess of these costs, or 20 percent of Net Tax
Increment Revenues.
As mentioned previously, Table 1 illustrates one possible scenario only. If future
revenues are higher than projected, deficit payments may commence sooner and be
in higher annual amounts. Conversely, if future revenues are lower than projected,
the deficit payments might commence later and be in lower annual amounts. Even
under conservative revenue growth assumptions (growth of 2% per year), however,
it is currently anticipated that the deficit can be repaid prior to 2026.
The Agency reserves the right to prepay, in whole or in part, the Housing Deficit, or
escalate repayment of the Housing Deficit at any time without the need to amend
this Deficit Reduction Plan.
Alternatives
One alternative to the repayment schedule outlined above is currently being
considered by the Agency and may be evaluated in detail at a future time. The
alternative being considered is an escalation of the repayment of the Housing Deficit
through a future bond issue. A bond issue secured and repaid by non-housing tax
increment revenues would reduce or cure the deficit if a portion of the bond
proceeds were deposited into the Low and Moderate Income Housing Fund.
Currently, non-housing tax increment revenues are insufficient to support such a
bond issue. It is possible, however, that revenue growth in the next 3 to 5 years may
render such an alternative viable. In such an instance, the Agency may elect to
deposit bond proceeds in the Housing Fund, which action would serve to reduce or
eliminate the Housing Deficit. As stated above, this Plan would not need to be
amended in this instance. If the Deficit were only partially repaid, the Agency could
continue to apply the formula outlined under the "Deficit Reduction Formula"
section above to make payments until the Deficit was fully repaid. If the Deficit
were fully repaid, no additional payments would be due.
Table I
Tustin Community Redevelopment Agency
Town Center Redevelopment Project
Illustrative Housing Deficit Reduction Scenario
Annual Obligations Housing Deficit Reduction
Fiscal Non-Housing Avg, Annual Avg. Annual AdmlnlstraUve Net Tax Coverage/ 20% Cumulative
Year Ending Tax Increment (1) Debt Service 98 Debt Svc 2004 Costs Increment (2) Rev to Oblig. Deficit Reduction (3) Reduction
2000 1,905,020 1,670,000 200.000 35,020 101.87%
2001 2.057.422 1,670,000 204,000 183,422 109.79%
2002 2.222.015 1,670,000 208,080 343,935 118.31%
2003 2.3551336 1.670.000 212.242 473,095 125.13%
2004 2.496.656 1,670,000 216,486 610.170 132.34%
2005 2,646,456 1,670,000 980,000 220.816 100.00%
2006 2,752.314 1,670,000 980,000 225.232 100.00%
2007 2,862,407 1,670,000 980, DO0 229.737 100.00%
2008 2,976.903 1.670.000 980,000 234,332 92.571 103.21%
2009 3.095.979 1,670,000 980,000 239.019 206.960 107.16%
2010 3.219.818 1,670,000 980,000 243.799 326.019 111.27 %
2011 3.348.611 1,670,000 980.000 248.675 449.936 115.52%
2012 3,482.555 1,670,000 980,000 253.648 578.907 119.94%
2013 3.621,858 1.670,000 980,000 258,721 713.136 124.52%
2014 3,766,732 1,670,000 980,000 263 896 852.836 129.27% 170,567 170.567
2015 3.917,401 1.670,000 980,000 26S 174 998.227 134.20% 199.645 370.213
2016 4,074,097 1.670.000 980,000 274 557 1,149,540 139.31% 229.908 600.121
2017 4.237.061 2.650.000 286 048 1,307.013 144.61% 261.403 861.523
2018 4,406.543 2,650,000 285 649 1,470,894 150.10% 294.179 1,155,702
2019 4.582.805 2.650.000 291 362 1,641.443 155.81% 328.289 1,483,991
2020 4.766.117 2.650.000 297 189 1.818,928 161.72% 363.786 1.847.776
2021 4.956.762 2.650.000 303 133 2,003.629 167.85% 400.726 2.248.502
2022 5.155.033 2.650.000 309 196 2.1~95.837 174.20% 439 167 2.687.669
2023 5.361.234 2.650.000 315 380 2,395,854 180.79% 88.373 2.776.042
2024 5.575.683 2,650.000 321 687 2,603,996 187.63%
2025 5.798.711 2.650,000 328 121 2,820,589 194.71%
2026 6.030.659 2,650,000 334 684 3,045,975 202;05%
(1) Tax increment revenues ere estimated based on Orange County Auditor-Controller assessed value reports for 1999-00. Revenues are assumed to increase
8% per yeer for the next two years (FY 2000-O1 to 2001-02). Assumed growth is then reduced to 6.0% through 2004-05 and 4.0% thereafter.
(2) Amounts shown ruder "Net Tax Increment" above, represent amoLr, ts estimated to be in excess of Annual Obligatiens, which inciude amounts payable for 1998 debt service,
assumed 2004 debt service and annual administrative costs.
(3) The annual repayment amount equals 20% of Net Tax Increment Revenue in any year that Non-Housing Tax Increment equals 125% of Annual Obligations.
Hsg Defttit 3.31.00: Deficit Plan
414/200016:58 AM