HomeMy WebLinkAbout06 ASSEMBLY BILL 1X26• Agenda Item 6
4
AGENDA REPORT Reviewed:
City Manager
Finance Director N/A
MEETING DATE: SEPTEMBER 20, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER AND
INTERIM EXECUTIVE DIRECTOR
FROM: REDEVELOPMENT AGENCY AND FINANCE DEPARTMENT
SUBJECT: ASSEMBLY BILL 1X 26 VARIOUS OBLIGATIONS
SUMMARY
Recently, the California Supreme Court issued several orders in
Califomia Redevelopment Assn. v. Matosantos (S194861) that stayed certain sections
of AB 1x 26 and AB 1x 27. The stay limits the Tustin Community Redevelopment
Agency's ("Agency") authority to act to carrying out enforceable obligations and enjoins
the Agency's authority to act as to new contracts, programs, or projects. The unstayed
provisions of AB 1x 26 require certain actions to be taken by the City and Agency.
RECOMMENDATION
It is recommended that the Tustin Community Redevelopment Agency:
1. Adopt Resolution No. 11-04 Adopting an Initial Recognized Obligation Payment
Schedule; Transmitting such Schedule to the City of Tustin; Approving an Agreement to
Transfer Tax Increment between the Agency and the City, and Making Certain Findings
in Connection Therewith.
2. Authorize the Tustin Community Redevelopment Agency to enter into an Administrative
Expense Payment/Reimbursement Agreement with the City of Tustin which reflects the City
and Agency's current practice and the Agency and City's adopted FY 2011-12 Budgets.
3. By minute action of the Agency, agree with the City's action herein that the Agency will
not be required to make repayment of the 2010-11 loan to the South Central Project Area
from the City, and for fiscal year 2011-12 said loan is renewed, but no interest shall accrue
on such loan during fiscal year 2011-12 pursuant to provisions of the Agreement between
the City and Agency entered into on September 10, 2010.
4. Adopt Resolution No. 11-05, Approving a Revised Enforceable Obligations Schedule
("Revised EOPS") for the Agency attached as Exhibit A with all supporting attachments. The
Revised EOPS shall be posted for at least three days to the City's internet web site before
any payment is made pursuant to an amendment.
Agenda Report — Assembly Bill 1 X 26
September 30, 2011
Page 2
It is recommended that the City Council:
1. Adopt Resolution No. 11-71, Electing to Serve as the Successor Agency to the
Tustin Community Redevelopment Agency; Accepting transmittal of an Initial Recognized
Obligation Payment Schedule; Approving an Agreement to Transfer Tax Increment
Between the Agency and the City, and Making Certain Findings in Connection Therewith.
2. Authorize the City of Tustin to enter into an Administrative Expense/Reimbursement
Agreement with the Tustin Community Redevelopment Agency which reflects the City and
Agency's current practice and the Agency and City's adopted FY 2011-12 Budgets
3. By minute action of the City, the City will not require repayment by the Agency of the
2010-11 loan to the South Central Project Area from the City, and for fiscal year 2011-12
said loan is renewed, but no interest shall accrue on such loan during fiscal year 2011-12
pursuant to provisions of the Agreement between the City and Agency entered into on
September 10, 2010.
4. By minute motion, accept transmittal of a Revised EOPS from Agency and instruct the
City Clerk to post same on City's internet web -site.
41+_191_\4I IIJ_TOA>I
There is no financial impact on the General Fund. In fact, the actions recommended to the
Agency and City Council regarding the Administrative Expense/Reimbursement Agreement
basically define procedures that have always been in place between the City and Agency
and which are already reflected in the adopted 2011-12 City and Agency budgets for
reimbursement of Agency activities and administrative expenses. The Agreement to Transfer
Tax Increment is conditioned only upon the stay on AB 1x 27 being lifted and reflects the
City's previous election to participate in the Voluntary Payment Program under AB 1x 27
pursuant to actions of the City of Tustin and Tustin Community Redevelopment Agency,
including adoption of Urgency Ordinance 1404 and Permanent Ordinance 1405 in August
2011.
BACKGROUND
On August 11, 2011, the California Supreme Court accepted original jurisdiction of the action
Califomia Redevelopment Assn. v. Matosantos (S194861), the petition challenging the
constitutionality of the recent budget bills (AB 1x 26 and AB 1x 27) that eliminate
redevelopment agencies unless cities/counties agree to make a ransom payment to fund
State obligations. The Court also stayed certain sections of AB 1x 26 and all of AB 1x 27.
On August 17, 2011, the Court modified its stay order, which released the stay on portions of
AB 1 x26 (Sections 34267.5 to 34169.5 of Part 1.8 and Section 34194 (b)(2) of Part 1.9).
Therefore, these provisions are now effective laws that must be complied with at least until
Agenda Report — Assembly Bill 1X 26
September 30, 2011
Page 3
other future action by the Supreme Court on AB 26 or AB 27. This is despite the fact that
Tustin previously adopted Urgency Ordinance 1404 and Ordinance 1405 as part of the
Voluntary Payment Program in AB 1x 27 (opt -in approach). The California Redevelopment
Association ("CRA") is pursuing additional clarifications with the court particularly as it affects
communities that have already adopted their ordinances. However, until additional
clarifications or other rulings on the matter are issued by the Supreme Court, redevelopment
agencies are prohibited from undertaking certain actions including, but not limited to,
incurring further indebtedness and engaging in redevelopment activities, provided that there
are no restrictions on performance of enforceable obligations as the term is defined in the
new laws.
Based on what is now enforceable law, certain actions are required to be taken by the
Agency including the following:
• Making payments for enforceable obligations
• Performing other obligations pursuant to enforceable obligations
• Setting -aside or maintaining any reserves required by bonded indebtedness
• Preserving all assets and records and minimizing liabilities
• Taking measures to avoid default of any enforceable obligations
• Adopting an Enforceable Obligation Payment Schedule by August 29, 2011
As the City Council and Agency will recall, an Enforceable Obligation Payment
Schedule ("EOPS") was adopted by the Tustin Community Redevelopment Agency
on August 24, 2011. Provisions of Section 64169(g)(2) provide a process for
subsequently amending the EOPS as may be necessary at a public meeting.
Appropriately, Resolution 11-05 includes a revised EOPS.
The next step required by Part 1.8 is preparation and adoption of the initial draft Recognized
Obligations Payment Schedule by September 30, 2011 for use by a successor agency (if
created).
The significance of the Recognized Obligations Payment Schedule is to ensure that tax
increment will be allocated and paid to the City as the successor agency to pay enforceable
obligations in the event the Agency is dissolved.
Besides the above actions, many cities are also conditionally authorizing their host city to
be the successor agency in the event the agency is required to be dissolved under AB 1x
26, albeit Part 1.85 that deals with successor agencies was stayed pursuant to the
Supreme Court order. In addition, cities and their redevelopment agencies are also
proceeding with "backfill" agreements ("Agreement to Transfer Tax Increment"). This
agreement is attached to RDA Resolution 11-04 and City Council Resolution 11-71 and
includes conditional effectiveness provisions due to the Supreme Court Stay. It is
important to specifically reinforce the City's and Agency's mutual objective for the Agency
Agenda Report — Assembly Bill 1X 26
September 30, 2011
Page 4
to pay an amount equivalent to the remittance to the City pursuant to Part 1.9 of AB 1x 27
(and as previously committed by the City as the Voluntary Participation Payment in
Urgency Ordinance 1404 and Ordinance 1405), and to list such obligation on the
Recognized Obligations Schedule to be completed by September 30, 2011 and on the
Statement of Indebtedness to be filed by October 1, 2011. While the remittance amounts
are an obligation of the City, not the Agency, pursuant to Section 34194.2, both Urgency
Ordinance 1404 and Ordinance 1405 reinforced that the obligation would be backfilled
from Agency tax increment. The Agency may transfer a portion of its tax increment to the
City in an amount not to exceed the annual remittance amount required by AB 1x 27 in
any year "for the purpose of financing activities within the redevelopment area that are
related to accomplishing the redevelopment agency's project goals pursuant to such
agreement."
It is, therefore recommended at this time that the City and Agency take certain actions related
to the successor agency designation and Recognized Payment Schedule including:
Agency adopting an Initial Recognized Obligation Payment Schedule and transmitting
same to the City, approving an Agreement to transfer tax increment between the City and
Agency.
• City electing to serve as the Successor Agency as defined in AB 1x 26 in the event that
AB 1x 26 is upheld, accepting the transmittal of an initial Recognized Obligation Payment
Schedule, and approving an Agreement to transfer tax increment between the City and
Agency.
As an administrative matter in connection with the preparation, adoption, and
implementation of the Recognized Obligation Payment Schedule, Statement of
Indebtedness and Enforceable Obligation Payment Schedule, it is important that the City
and Agency document and clarify its current procedures for paying administrative and
project costs as identified in the Annual City and Agency Budgets and as has historically
occurred in Tustin. The Agreement would then be included in the Statement of
Indebtedness that will be filed with the County Auditor Controller by October 1, 2011 so
that it would not constitute "new debt" and be subject to the "net school share" payment to
local educational agencies. Therefore, staff recommends that the attached Administrative
Expense Payment/Reimbursement Agreement be approved by the City and Agency.
The Agency and City also entered into an Agreement dated September 10, 2010 that
included a Loan amount of $6,885,200 between the City and Agency to assist the Agency
in carrying out programs budgeted during Fiscal Year 2010-11 which included a Working
Capital Loan in the amount of $4,650,000 and an advance for other services with an
estimated cost of services for fiscal year 2010-11 of $374,200 for the Town Center Project
Area, $312,200 for the South Central Project Area and $1,548,800 for the MCAS Tustin
Project Area. The sum loaned is to be repaid with interest identified in the Agreement and
Agenda Report — Assembly Bill 1 X 26
September 30, 2011
Page 5
is due and payable by August 31, 2011 unless otherwise renewed by both parties. Given
the constraint posed by recent redevelopment related legislation, the loan has not been
repaid by the Agency and it is now recommended that the City and Agency by minute
action agree to delay the loan sum being due and payable as of August 31, 2011.
Christine Shingle
Assistant City Manager
Pamela Arends-King
Finance Director
Attachments: RDA Resolution No. 11-04 (includes Agreement to Transfer Tax Increment)
Resolution No. 11-71 (includes Agreement to Transfer Tax Increment)
Administrative Expenses Payment/Reimbursement Agreement
RDA Resolution No. 11-05
[Proposed]
RDA Resolution No. 11-04
RESOLUTION NO. 11-04
A RESOLUTION OF THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY ADOPTING AN INITIAL
RECOGNIZED OBLIGATION PAYMENT SCHEDULE,
TRANSMITTING SUCH SCHEDULE TO THE CITY OF
TUSTIN, APPROVING AN AGREEMENT TO TRANSFER
TAX INCREMENT BETWEEN THE AGENCY AND THE
CITY, AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
The Tustin Community Redevelopment Agency does hereby resolve as follows:
I. THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FINDS AND
DETERMINES AS FOLLOWS:
A. The Tustin Community Redevelopment Agency ("Agency") is a
community redevelopment agency organized and existing under the California
Community Redevelopment Law, Health and Safety Code Sections 33000, et
seq. ("CRL") and has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City Council
("City Council") of the City of Tustin ("City"); and
B. The City Council adopted the Redevelopment Plans for the Town
Center Redevelopment Project, the South Central Redevelopment Project and
the MCAS Tustin Redevelopment Project (collectively, and as amended from
time to time, the "Project Areas"), all in compliance with all requirements of the
CRL; and
C. AB X1 26 and AB X1 27 are trailer bills to the 2011-12 budget bills
and were approved by both houses of the Legislature on June 15, 2011, signed
by the Governor on June 28, 2011, and chaptered on June 29, 2011 (together,
"2011 Redevelopment Legislation"); and
D. Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety
Code were added to the CRL by the 2011 Redevelopment Legislation and such
measures purported to become effective immediately; and
E. Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities
and authority of the Agency in the interim period prior to dissolution to certain
"enforceable obligations" and to actions required for the general winding up of
affairs, preservation of assets, and certain other goals delineated in Part 1.8; and
F. Part 1.85 of the CRL ("Part 1.85") provides for the statewide
dissolution of all redevelopment agencies, including the Agency, as of October 1,
2011, and provides that, thereafter, a successor agency will administer the
Resolution 11-04
Page 1 of 6
enforceable obligations of the Agency and otherwise wind up the Agency's
affairs, all subject to the review and approval by an oversight committee; and
G. Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment
agency may continue in operation if a city or county that includes a
redevelopment agency adopts an ordinance agreeing to comply with and
participate in the Voluntary Alternative Redevelopment Program established in
Part 1.9 ("Program"); and
H. The Agency is aware that the validity, passage, and applicability of
the 2011 Redevelopment Legislation are the subject of judicial challenge(s),
including the action: Califomia Redevelopment Association, et al v. Ana
Matosantos, et al; and
I. The Supreme Court accepted original jurisdiction of the CRA Action
on August 11, 2011, notified the parties of the briefing schedule, and, importantly,
issued a stay order affecting Part 1.85 and Part 1.9, but the court did not stay
Sections 34161 to 34167 of Part 1.8, then on August 17, 2011, the Supreme
Court modified its stay order, which released the stay on Sections 34167.5 to
34169.5 of Part 1.8 and on Section 34194(b)(2) of Part 1.9, making those laws
now effective ("Supreme Court Stay"); and
J. Section 34169(h) of the CRL, which was added to the CRL by AB
X1 26 and is set forth in Part 1.8 of the CRL, requires the CDA to prepare an
Initial Recognized Obligation Payment Schedule, no later than September 30,
2011, and provide it to the successor agency, if a successor agency is
established pursuant to Part 1.85 (commencing with Section 34170); and
K. While Part 1.85 (that provides for the dissolution of redevelopment
agencies and the creation of successor agencies) and Part 1.9, except Section
34194(b)(2), (which authorizes the City to opt -in to the Program) are both stayed
by order of the California Supreme Court, Part 1.8, specifically including Section
34169, of the CRL, currently remains in full force and effect; and
L. Of even date herewith and at the same regular meeting hereof the
City Council will consider and take action to confirm and make its election for the
City to be the successor agency in the event the Agency is dissolved; and
M. The Agency desires to adopt the Initial Recognized Obligation
Payment Schedule attached to this Resolution as Attachment No. 1 and
incorporated herein ("IROPS") and to transmit the IROPS to the City, as required
by Section 34169(h) of the CRL; and
N. Each city and county electing to participate in the Program, as a
condition of its redevelopment agency's continued existence and operation, is
required to make certain annual remittances ("Program Remittances") to the
Resolution 11-04
Page 2 of 6
county auditor -controller ("CAC") pursuant to Chapter 3 of Part 1.9, beginning
with a larger upfront remittance for FY 2011-12 ("First Remittance"), to be paid in
two equal installments on January 15, 2012 and May 15, 2012; and
O. The City expects it will have sufficient moneys and revenues to
fund an amount equal to the City's payment of the First Remittance and further
expects to have sufficient moneys and revenues to fund the subsequent annual
remittances as may be required by Part 1.9 (collectively "Subsequent
Remittances"); and
P. The City has adopted Ordinance Nos. 1404 and 1405 pursuant to
Part 1.9 to opt -in so that the Agency would continue in operation and perform its
functions; and
Q. The City and Agency desire to enter into an agreement pursuant to
CRL Section 34194.2 whereby the Agency shall make an initial transfer of a
portion of its tax increment to the City in an amount equal the First Remittance,
and thereafter transfer amounts of tax increment equal to any Subsequent
Remittances which the City is required to make to the CAC pursuant to the City's
participation in the Program ("Agreement to Transfer Tax Increment"), all of
which shall collectively be considered an existing debt of the Agency and not new
debt; and
R. The Agency, by the adoption of this Resolution, does not represent,
disclaim, or take any position whatsoever on the issue of the validity of AB X1 26
or AB X1 27, but rather the Agency seeks to comply with the Constitution and
laws of the State of California, in order to preserve the ability of the Agency to
continue to operate and thereby benefit the community; and
S. The dissolution of the Agency would be detrimental to the health,
safety, and economic well-being of the residents of the City and cause
irreparable harm to the community, because, among other reasons, the
redevelopment activities and projects made possible, implemented, and funded
by the Agency are highly significant and of enduring benefit to the community
and the City, and are a critical component of its future; and
T. The Agency has duly considered all other related matters and has
determined that the Agency's adoption of the IROPS, submission of the IROPS
to the City, and approval and execution of the Agreement to Transfer Tax
Increment is in the best interests of the City and Agency and in the health, safety,
and welfare of its residents, and in accord with the public purposes and
provisions of applicable state and local laws and requirements.
Resolution 11-04
Page 3 of 6
II. THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY DOES
RESOLVE AS FOLLOWS:
1. The foregoing recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
2. The Agency approves the IROPS attached hereto as Attachment
No. 1 and incorporated herein, and further authorizes the Agency Executive
Director to transmit the IROPS to the City Manager, the City Clerk, and the City's
Finance Director for implementation thereof by the City, acting as successor
agency to the Agency, to the extent authorized and/or required by law, including
Part 1.85.
3. The Agency hereby approves that certain Agreement to Transfer
Tax Increment in substantially the form attached hereto as Attachment No. 2 and
incorporated herein, with such changes mutually agreed upon by the Agency
Executive Director, the City Manager, Special Council, and the City Attorney,
respectively, as are minor and in substantial conformance with the form of the
Agreement to Transfer Tax Increment submitted herewith. The Chairman and
Agency Secretary are hereby authorized to execute and attest the Agreement to
Transfer Tax Increment on behalf of Agency. In such regard, the Chairman is
authorized to sign the final version of the Agreement to Transfer Tax Increment
after completion of any such non -substantive, minor revisions. Copies of the final
form of the Agreement to Transfer Tax Increment, when duly executed and
attested, shall be placed on file in the office of the City Clerk. The Agency
Executive Director (or his duly authorized representative) is authorized to
implement the Agreement to Transfer Tax Increment and take all further actions
and execute all documents referenced therein and/or necessary and appropriate
to implement the purposes of the Agreement to Transfer Tax Increment. The
Agency Executive Director (or his duly authorized representative) is hereby
authorized to the extent necessary during the implementation of the Agreement
to Transfer Tax Increment to make technical or minor changes, modifications,
amendments and interpretations thereto after execution, as necessary to
properly implement and carry out the Agreement to Transfer Tax Increment;
provided any and all such changes shall not in any manner materially affect the
rights and obligations of the Agency thereunder.
4. Agency Counsel is hereby authorized, to the greatest extent
permitted by law, to bring an action or appear in an action brought in the Superior
Court pursuant to Sections 33500 and 33501 of the CRL to determine the validity
of the Agreement to Transfer Tax Increment, or the validity of any bonds
contemplated to be issued by the Agency or other material contracts of the
Agency, or any findings of the governing body or the City Council related thereto,
upon the determination of the Agency Executive Director that such action is
reasonably necessary or appropriate to facilitate the consummation of any
Agency transaction for which governing board approval has been given.
Resolution 11-04
Page 4 of 6
5. This Resolution shall in no way be construed as requiring the
Agency (or the City) to abide by the 2011 Redevelopment Legislation in the event
either, or both, bills are found unconstitutional or otherwise legally invalid in
whole or in part, nor shall this Resolution effect or give rise to any waiver of rights
or remedies the Agency (and/or the City) may have, whether in law or in equity,
to challenge 2011 Redevelopment Legislation. This Resolution shall not be
construed as the Agency's (and/or the City's) willing acceptance of, or
concurrence with the 2011 Redevelopment Legislation, either AB X1 26 or AB X1
27; nor does this Resolution evidence any assertion or belief whatsoever on the
part of the Agency (and/or City) the 2011 Redevelopment Legislation is
constitutional or lawful.
6. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED by the Tustin Community Redevelopment Agency at a
regular meeting on the 20th day of September, 2011.
Jerry Amante, Chairman
ATTEST:
PAMELA STOKER
RECORDING SECRETARY
Resolution 11-04
Page 5 of 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, Recording Secretary and ex -officio Recording Secretary
of the Community Redevelopment Agency of the City of Tustin, California, do
hereby certify that the whole number of the members of the Community
Redevelopment Agency of the City of Tustin is five; that the above and foregoing
Resolution No. RDA 11-04 was duly passed and adopted at a regular meeting of
the Tustin Community Redevelopment Agency, held on the 20th day of
September 2011, by the following vote:
AGENCYMEMBER AYES:
AGENCYMEMBER NOES:
AGENCYMEMBER ABSTAINED:
AGENCYMEMBER ABSENT:
PAMELA STOKER
Recording Secretary
Resolution 11-04
Page 6 of 6
ATTACHMENT NO. 1
INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE
[Attached]
Name of Redevelopment Agency: Tustin Communi Redevelopment Aenc
Project Area(5) WAS Tustin, Town Center & South Central
INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AB 26 - Section 34167, 34169, and 34177 (*)
Page 1 of 4
Project Name I Debt ..
Total
'
Total During
Jan
Payments by month for Calendar Year 2012
A61X 27 -Volunear
tary Program Bill (Tax
As a result of the City Council passing
Estimate
Debtor ..
7,100,000
7,100,000
Funding Source
Reserve Balance
Feb
Mar Apr May Jun
3,550,000
Total
$ 7,100,000-00
City of Tustin State of California
3,550,000
Increment Transfer)
Ordinance 41404 (7/19/2011) and
Ordinance #1405(7/1912011 & 8/212011),
the Agency is responsible for an annual
voluntary payment. The estimated
Voluntary Program Bill fee was calculated
by DoF under ABI X 27.
(4) 4urJ
None
N/A
N/A
4egally bIFN1in�,arn1' .777777.
, . , €
:;7777777777777=
jifdq$ea1Ne �gram'ent -.,.
..
..
i
-
r�
T�;
Promissory Note between the City of
Redevelopment Agency
Agency loan of $18,881,750 to the City for
20,978,895
$
Tustin and Tustin Community
the purchase of the AA&E Property. The
Development Redevelopment Agency
payoff to the Agency will be split evenly
(12/2/2008)
between the three Project Areas.
Graffiti removal
Graffiti Control Systems
Graffiti removal in the Town Center and
Estimate
55,000
55,000
Redevelopment
4,600
4,600
4,600
4,600 4,600
4,600
$ 27,600.00
South Central Redevelopment Project
Property Tax Trust
Areas
Fund
Contract for available commercial
LoopNet, Inc.
Web -based Commercial Property Search
3,500
3,500
Redevelopment
$ _
property search
for available retail, commercial, industrial
Property Tax Trust
and other property types in Tustin
Fund
Contract for web -haled business
Tools for Business Success, LLC
Web -based business assistance tools
1,140
1,140
Redevelopment
1,140
$ 1,140.00
assistance information
available on the City of Tustin website
Property Tax Trust
Fund
Contract for Real Estate Data and
First American CoreLogic
Access to property reports, parcel maps,
3,600
3,600
Low & Moderate
300
303
300
300 300
300
$ 1,800.00
Information
grant deeds and foreclosure activity within
Income Housing
Tustin
Fund; &
Redevelopment
Property Tax Trust
Fund
Contract for Property Tax Analysis
HdL Coren & Cone
tax appeal monitoring and tax increment
9,125
9125
Redevelopment
91125
$ 9,125.00
analysis
Property Tax Trust
Fund
{fi}:Agessm9M5$ Co,ntracis ,'.
#?sr tt.e adminfstPdliart dr,; .
... ' . ,
Age
s, .:
'. .. .
, , .
- :`...•
=
- II '
^ „
..r
, r . I
Contract for LegalServices
Armbruster Goldsmith&Delvac LLP
legal counsel for real estate associated
Estimate
350,000
350,000
Low&Moderate
. , ,,.
50,000
50,000
50,000
50,000 50,000
50,000
$ 360.000.00
issues
Income Housing
Fund:
Redevelopment
Property Tax Trust
Fund: Bond
Proceeds
Contract for Legal Services
Woodruff. Spradlin & Smart
legal counsel - public law & specialty legal
Estimate
400,000
400,000
Low & Moderate
40,000
40,000
40,000
40,000 40,000
40,000
$ 240,000.00
(Including: Stradling Yocca Carlson
council as needed
Income Housing
& Rauth; Remy, Thomas, Moose &
Fund;
Manley)
Redevelopment
Property Tax Trust
Fund; Bond
Proceeds
Page 2 of 4
Page 3 of 4
Name I Debt Obligation
Payee
Description
Estimate
Total Outstanding
Debtor Obligation
1 A
Fiscal Year
Funding Source
Jan
FebProject
Mar Apr
May
Lease of Office Space
115K II Holdco, LLC
54,363
54,363
Low & Moderate
4,456 4,456
4,456
Jun
4,456
Total
$ 26,736.00
Office space rent
4,456
4,456
Income Housing
Fund; &
Redevelopment
Property Tax Trust
Fund
Cooperative Agreement between the
City of Tustin
Cooperation Agreement For Payment of
Estimate
155,500,000
26,010,260
Low & Moderate
2,160,000
2,160,000
2,160,000
2,160,000
2,160,000
2,160,000
$ 12,960,000.00
City and Redevelopment Agency
Costs Associated with Certain RDA funded
Income Housing
(211/201 1)(S.. Attachment No. 1)
Capital Improvements, Public
Fund;
Improvements, Affordable Housing Projects
Redevelopment
and Administrative Program Support
Property Tax Trust
Services (The Schedule of Projects,
Fund; Reserve
Payment Schedule and Performance
Balance
Schedule is attached - Attachment No. 1)
City Treasurer
City Treasurer
management of Agency's invested monies
32,600.00
32,600.00
Low &Moderate
2,71200
2,717.00
2,717.00
2,717.00 2,717.00
2,717.00
$ 16,302.00
Income Housing
Fund;
Redevelopment
Property Tax Trust
Fund; Admin Cost
Allowance
Direct Administrative Charge (including
Employees of City funded by the
Payroll for employees & various vendors as
Estimate
850,038.00
850,038.00
Administrative Cost
68:937.00
68,937,00
68,937.00
68,937.00 68,937.00
68.937.00
$ 413,622.00
Salary and Benefits of employees
Agency that perform Agency activities
needed for direct administrative operations
Allowance
funded by the Agency and
& various vendors as needed for
administrative costs)
direct administrative operations
Adopted City/Agency Budget for
City of Tustin
Annual indirect costs of supporting the
2,711,500
2,711,500
Redevelopment
2,711,500
$ 2,711,500.00
Reimbursement of City Support Costs
Agency by other City departments for
Property Tax Trust
(indirect overhead costs for
administration and operations
Fund
administration and operations)
Bank Analysis Fees
Bank of America
Fees Charged by bank for transactions
Estimate
48,000
48,000
Low & Moderate
4,000
4,000
4,000
4,000 4,000
4,000
$ 24,000.00
Income Housing
Fund:&
Redevelopment
Property Tax Trust
Fund
Property Insurance
California Insurance Pool Authority
Property insurance premiums
10,000
10,000
Redevelopment
$ _
Property Tax Trust
Fund
Payment in Lieu of Taxes Agreement -
City of Tustin
Agency monitors to insure receipt of annual
TBD
UNK
$ -
Flanders Pointe (10/1/1999)
payment
Payment in Lieu of Taxes Agreement -
City of Tustin
Agency monitors to insure receipt of annual
TBD
UNK
$ _
Orange Gardens (8113/1998)
payment
Olson DOA+Arbor Walk
Redevelopment Agency
Monitoring of Affordable Housing
TBD
UNK
$ -
Covenants
Heritage Place DDA (4111/02)
Redevelopment Agency
Agency monitors affordability and the
TBD
UNK
$ _
residual receipt payment
Newport Avenue Apartments (1/19/10)
Redevelopment Agency
Rental properties were sold by Agency to
TBD
UNK
$ _
the City. As part of the agreement, the City
agreed to continue to engage the Agency
as the property manager.
Totals - This Page
442,649,999
42,925,483
5,885,010
2,903,470
2,339,080
2,335,010 5,885,010 1
8,498,377
$ 27,845,956.58
Totals - South Central
41,562,619
242,000
30,500
20,500
20,500
30,500 20,500
145,0001$
145,000.00
Totals - MCAS Tustin
137,980,301
41,336,809
3,477,041 1
884,158
185,270
178,9201 178,9201
5,083,229 1
$ 5,083,229.00
Page 3 of 4
Page 4 of 4
Name of Redevelopment Agency: Tustin Communftbv Redevelo ment A enc
Project Area(s) Town Center
INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AB 26 - Section 34167, 34169, and 34177 (*)
TorvnCenter Page 1 of 1
Name of Redevelopment Agency: Tustin Community Redevelopment Agency
Project Area(s) South Central
INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AS 26 - Section 34167, 34169, and 34177 (*)
Project Name I Debt Obligation
(1) Hantfa
Payee
Description
Total Outstanding
Debt or
Estimate Obligation
Total During
Payments by month for Calendar
Year 2012
None
N/A
N/A
$
(2) Loans of Monoys borrowed by Agency
South Central Project Area Loan
City of Tustin
Project purposes loan. Amount is
4,650,000
Redevelopments
$ _
derived from Appendix D of the fourth
Property Tax Trust
Five -Year Implementation Plan of the
Fund; Reserve
South CentrallTown Center Project
Balance
Areas as adopted on October 5, 2010.
Continuation of Loan to Agency on
Administrative Agreement adopted by
Council on September 7, 2010. The
amount was originally loaned to the
Agency on September 2, 2006. Prior
loans to the Agency were for differing
amounts as needed by project area.
Public Works Agreement/South Central
City of Tustin
Original Loan amount to the Agency in
36,646,619
Redevelopment
$
Redevelopment Project (6/7/1993)
1993 was $33,500,000 for the Newport
Property Tax Trust
Avenue Extension (Newport Underpass)
Fund; Reserve
to Edinger Avenue. The interest rate is
Balance
.5%.
Newport Av./SR55 NB Ramp Reconfiguration
Psomas Engineering
Mapping and survey services
Estimate
15,000
15,000
Redevelopment
2,500
2,500
2,500
2,500
$ 2,500
$ 2,500
$ 15,000
Property Tax Trust
Fund;
Newport Av./SR55 NB Ramp Reconfiguration
First American Title
Preparation of title documentation
Estimate
4,500
4,500
Redevelopment
1,500
1,500
1,500
1,500
$ 1,500
$ 1,500
$ 9,000
Insurance Company
Property Tax Trust
Fund;
Newport AvJSR55 NB Ramp Reconfiguration
AndersonPenna
Program management services
Estimate
4,000
4,000
Redevelopment
500
500
500
500
$ 500
$ 500
$ 3,000
Property Tax Trust
Fund;
Newport Av./SR55 NB Ramp Reconfiguration
Coast Surveying
Survey/Plan check services
Estimate
4,500
4,500
Redevelopment
1,000
1,000
1,000
1,000
$ 1,000
S 1,000
$ 6,000
Property Tax Trust
Fund;
Newport Av. Extension, N/O Edinger Av.
Dokken Engineering
Final design services
Estimate
100,000
100.000
Redevelopment
10,000
1 omo
10;000
10,000
5 10,000
$ 10,000
$ 60,000
Property Tax Trust
Fund;
Newport Av. Extension, N/O Edinger Av.
Nuvis
Landscape design services
Estimate
30,000
30,000
Redevelopment
4,000
4,000
4,000
4,000
$ 4,000
$ 4,000
$ 24,000
Property Tax Trust
Fund;
Newport Av. Extension, N/O Edinger Av.
County of Orange
Plan check services
Estimate
25,000
25,000
Redevelopment
5,000
5,000
$ 10,000
(OCFCD)
Property Tax Trust
Fund;
Newport Av. Extension, N/O Edinger Av,
Morrow Management
Dry Utility design and coordination
Estimate
20.000
20,000
Redevelopment
500
500
500
500
$ 500
$ 500
$ 3,000
services
Property Tax Trust
Fund;
Newport Av. Extension, N/O Edinger Av.
AndersonPenna
Program management services
Estimate
10,000
10,000
Redevelopment
500
500
500
500
$ 500
$ 500
$ 3,000
Property Tax Trust
Fund;
SouthCentral
Page 1 of 2
Project Name I Debt Obligation
Total
.-.
During
Newport Av. Extension. N/O Edinger Av,
Southern California
Plan check services
Estimate
Obligationmate
25,000
25,000
Redevelopment
S,uou
r
,5,000
May
Jun
Total
$ 10,000
Regional Rail Authority
Property Tax Trust
SCRRA
Fund;
(3) Payment$ Required by the federal govt,
'Preexisting obligations to the state or obligations
unposed by law
Memorandum of Understanding with Orange County
Orange County Water
Tax share agreement (pre -AB 12901)
28,000
4,000
Redevelopment
$ 2,000
$ 2,000
Water District (Section 33401 Payment; 3120/1985)
District
Property Tax Trust
Fund;
Memorandum of Understanding with Tustin Unified
Tustin Unified School
Tax share agreement pre -1290; no
unknown
TBD
unknown
Redevelopment
$ _
School District (Section 33401 Payment; 9/13/1985)
District
payments have been made to date and
Property Tax Trust
payment since is not been triggered until
Fund;
debt is retired for South Central Capital
projects.
Memorandum of Understanding with Saddleback
Saddleback Community
Tax share agreement pre AB 1290; no
unknown
TBD
unknown
Redevelopment
$ _
Community College District (Section 33401 Payment;
College District
payments have been made to date since
Property Tax Trust
9/13/1985)
payment is not been triggered until debt
Fund;
is retired for South Central Capital
projects.
(4) JudgmentslSettlements
None
NIA
NIA
$ _
(5) Any legally binding and enforceable agreement
None
N/A
N/A
$
(6) Agnumvents 8 Contracts necessary for the
administration Or operation of agency
None
NIA
N/A
S _
Totals - This Page
$ 41,562,619
$ 242,000
30,500
20,500 1
20,500
30,500 $ 20,500
$ 22,500
$ 145,000
"' All monthly payments shown as estimated
ScuthCentral
Page 2 of 2
Tustin Community
Name of Redevelopment Agency: Redevelo ment A envy
Project Area(s) MCAS Tustin
INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE
Per AB 26 - Section 34167, 34169, and 34177 (`)
MCAS Tustin
Page 1 of 3
Total
Outstanding Total Due
Debt or During Fiscal
Payments by
month for Calendar Year 2012
Project Name I Debt Obligation
C#)
Payee Description
Tax Allocation Bonds MCAS Tustin, Series
T77
he Bank of New York
Bond issue to fund non -housing
83,384,751
2 282,532
Redevelopment
626,788$
626,788.00
2010
Mellon
projects
Property Tax Trust
Fund;
Fiscal Agent Fees - TA Bond 2010
The Bank of New York
administration of bond activities
Estimate
3,300
3,300
Redevelopment
$ _
Mellon
Property Tax Trust
Fund;
Continuing disclosure services
Redman, Rolapp &
Continuing disclosure services for 2010
1,350
1.350
Redevelopment
1,350
S 1,350.00
Associates, Inc
MCAS bonds
Property Tax Trust
Fund;
Employee responsible for overseeing design
Ken Nishikawa
Tustin Legacy Development Manager
173,750
173,750
Bond Proceeds
14,479
14,479
14,479
14,479
14,479
14,479
$ 86,874.00
and construction of backbone infrastructure
(oversighting bond projects)
Implementation (salary and benefits)
Contract for Environmental Services
Pacific States
Construction of Tustin Ranch Road
Estimate
221,585
161,585
Bond Proceeds
11,585
$ 11,585.00
(11/16/2010)
Phase 1 Grading & Storm Drain
Contract for Mitigation Services (12/07/2010)
Vista Environmental
Tustin Ranch Road - Homeowner
Estimate
9,828
9,828
Other Revenue
9,828
$ 9.828.00
Mitigation Assessments
Sources
Homeowner Agreement Memorandum -
Various Homeowners
Noise mitigation related to Tustin
Estimate
147,425
147,425
Bond Proceeds;
$ .
Noise Mitigation
Ranch Road project
Other Revenue
Sources
Real Property Acquisition for Tustin Ranch
Homeowners
Acquisition of properties located at
671,450
671,450
Bond Proceeds;
$ _
Road
2472 Walnut Ave, 14471 Chambers
Other Revenue
Road, and 2472 Chambers Road
Sources
Contract for Engineering & Planning
RBF Consulting
MCAS Tustin Infrastructure Design
Estimate
1,426,500
924,500
Bond Proceeds;
150,000
$ 150,000.00
(08/08/2010)
Services
Other Revenue
Sources
Contract for GeoTech Services (09/07/2010)
NMG
Construction of Tustin Ranch Road
Estimate
345,708
246,708
Bond Proceeds
21,708
$ 21,708.00
Phase 1 Grading & Storm Drain
Contract for Engineering Services
Hunsaker & Associates
MCAS Tustin Infrastructure Design
Estimate
605,950
283,450
Bond Proceeds
40,000
43,450
$ 83,450.00
(09/07/2010)
Services
Contract for Environmental Services
Vandermost Consulting
Regulatory Agency consulting
Estimate
20,000
20,000
Redevelopment-$
(11/02/2010)
Property Tax Trust
Fund; Bond
Proceeds;
Contract for Archeological & Paleontological
Paleo Solutions, Inc
Archeological & Paleontological
Estimate
28,530
28,530
Redevelopment
$ _
Services (7/19/2011)
compliance and monitoring for TRR
Property Tax Trust
Fund; Bond
Proceeds;
Contract for Engineering Services
Moffatt & Nichol Engineers
To provide engineerings services for
Estimate
30,000
30,000
Bond Proceeds;
$
Bridges, Strucutres, Rail, & Transit
Other Revenue
projects
Sources
Contract for Engineering Services
Hartzog & Crabill, Inc.
Traffic engineering services
Estimate
30,000
30,000
Bond Proceeds;
$ _
Other Revenue
Sources
MCAS Tustin
Page 1 of 3
MCAS Tustin
Page 2 of 3
MCAS Tustin
Page 3 of 3
Total
Outstanding
Total Due
Project Name I Debt Obligation
Payee Description
Estimate
Debt
Obligation
Contract for Financial Analysis (01/04/2011)
David Taussig & financial advisory services associated
Estimate
47,500
47,500 Redevelopment
$ _
Associates with determining distribution of
Property Tax Trust
assessments associated with
Fund; Bond
background infrastructure costs
Proceeds;
Contract for Design Services
Field Paoli Architects
Review of proposed design
Estimate
100.000
100,000
Redevelopment
$ _
Property Tax Trust
Fund;
Newport/SR-55 Gateway Master plan &
RBF Consulting
Preparation of Gateway Master plan
Estimate
125,979
68,206
Redevelopment
$ _
landscape Improvements
and design of landscape improvements
Property Tax Trust
Fund;
Contract for Engineering Mapping Services
Psomas
preparation of maps at MCAS Tustin
Estimate
125,000
125,000
Redevelopment
$ _
(07/15/2005)
Property Tax Trust
Fund;Bond
Proceeds;
Website Hosting Agreement (12/8/2010)
Comnl LLC
Website hosting for the MCAS Tustin
1,800
1,800
Redevelopment
150
150
150
150 150
150
$ 900.00
website
Property Tax Trust
Fund;
Contract for fence repair (6/18/2008)
National Construction
Fence repairs as needed at MCAS
Estimate
10,000
10,000
Redevelopment
$ _
Rental, Inc
Tustin
Property Tax Trust
Fund;
Developer Selection Process, Expert Panel
Various (18 panelists)
Stipend/Honorarium for service of
Estimate
18,000
18,000
Redevelopment
$ -
Stipends
development professional on a Panel
Property Tax Trust
Fund;
Contract for fence rental (10/5/2010)
National Construction
fence rental at MCAS Tustin
Estimate 1,400
1,400
Redevelopment
$ _
Rental, Inc
Property Tax Trust
Fund'
r ., _J rt;,r /. ,....-
4 .1 r ._.
..- `, ..
.. ,✓
}
.F* h
,;:+,�..�
..:. f
L. :� .:.
2'" ,c, ' ..
, 1f...=- /
l "i'... W"..
.,.,... 41 -
'�`
,tr,r F f F „_,,..
3i,. ,. -,!`<r
�^Y'
#... a, :, ..3, .,
.. c , r,. ,.
'-^�.,Y
':'i.L. : wrr.
. , 1 ar
•.,.. �-
r ..r< .,. f. ,.
4 c
. ,.:x . t
�
.... .
F �,..
r. , .
, .s+z 2,J
x .. , s
5 , , r
,. .., t
',-i...: <. �:°,
t .:_-x ,T'
.af.
_ .
, �. �
,..c.. t
..? ?
-}`
.y. iY
f � r
:. ., ,
rx P
� s`
�}.
,...f_ I
. V :arF' / r
� : r'
.Z ..-. „ L9
_ ...�r xr, _
w .. r. r
5 ..!
f .gin,.
,� . ;,
.....r ,.. ...
_ r �'_
,... rx. ,...
; ,.. ..,, � :,
�` <r°o
#v; „.
� r . r �
�„a.2
r
.nr .., .
Y, >,,,.u..,.
�
r
w
r..� »n,...
....
.
_ .,,
..v a
r...
.,
.=n,..
�.�.v
..
,ts.,.
r..
.. ,» �. x,^+ .,
... bg
(c�„"
. ^-
k^`* ,::,...
..
,,:_. .,. _
S
S
Contract for Maintenance &Erosion Control
So Cal Sandbags
Maintenance of undeveloped portions
Estimate 547,524
547,524
Redevelopment
48,357
48,357
48,357
,.:
'i.y� „s. r, €, ='-.
48,357 48,357
.r.Nift"'
48,357
,n.��t2�2r�=�',}U'^::='E:.
$ 290,142.00
including erosion control
Property Tax Trust
Fund;
Contract for Maintenance of undeveloped
Spectrum Landscaping
Maintenance of undeveloped land
71,208
71,208
Redevelopment
5,934
5,934
5,934
5,934 5,934
5,934
$ 35,604.00
properties
Property Tax Trust
Fund;
Special Legal Counsel for MCAS Tustin
Cappello and Noel LLP
Legal services associated with
Estimate
150,000
150,000
Redevelopment
$ _
potential litigation opposing liens filed
Property Tax Trust
on property within MCAS Tustin
Fund;
Special Legal Counsel for MCAS Tustin
Kutak Rock
Legal Services for Environmental
Estimate
110,000
110,000
Redevelopment
15,000
15,000
5,000
$ 35,000.00
Issues and interface with federal
Property Tax Trust
agencies impacting MCAS Tustin
Fund;
including the US Navy
MCAS Tustin Newsletter
Studio 360
Layout, printing and distribution of bi-
Estimate
8,000
8,000
Redevelopment
$ _
annual newsletter publication.
Property Tax Trust
Fund;
Coventry Court Regulatory Agreement &
Redevelopment Agency
Agency monitors affordability receipt of
TBD
LINK
Redevelopment
$ _
Declaration of Restrictive Covenants and
payment in lieu of taxes
Property Tax Trust
Supplemental Regulatory Agreement
Fund;
(9/30/2010)
Totals - This Page
137,980,301
41,336,809
3,4771041
884,158
185,270
178,920 178,920
178,920
$ 5,083,229.00
All monthly payments shown as estimated
MCAS Tustin
Page 3 of 3
Tustin Community
Name of Redevelopment Agency. Redevelo Went A enc
Project Area(5J
OTHER OBLIGATION PAYMENT SCHEDULE
Per AB 26 - Section 34167, 34169, and 34177 (1)
,~:::;✓ tl .:,, c "v- .;. ) t{ ,.. a,AT ,.:, ,;,: m.Y
c, ,tt { �. ,.:_u :.
r F � u
�
.-.,.
.. w.:�
- v
...,:; .,, 1 „_+,.,
Man
Redevelopment
76.580
$ 76.580.00
76 , .00
Cityof T�,,stin
City of Tustin
pass thru payments per A8 1250
p
5,040,723
76,580
Property lax Trust
Furo;
Tustin Unifed School District (TUSD)
TUSD
pass thv payments per A6 1290
56,531,860
858,850
Redevelopment
853,850
$ 858.850.00
Property Tax Trust
Fund',
Santa Ana Un&.r! School District (SAUSD)
SAUSO
pass lhru payments per AD 1290
2,644,380
40,174
Redevelopment
40,'74
$ 40 17400
Property Tax Trust
Fund
Iry-.ne Unified School District (TUSD)
TUSD
pass thru payments per AD 1290
43,344,635
658,506
Redevelopment
658,506
$ 658,506.00
Property Tax Trust
Fund;
South Orange County Community College District (SOCCCD)
SOCCCD
pass Ihru payments per A8 1290
21,465,486
326,111
Redovelop-t
326,111
$ 326,111.00
Property Tax Trust
Fund;
Rancho Sartiago Community College District (RSCCD)
RSCCD
pass [hr4 payments per AB 129C
581,386
8,833
Redevelopment
8,833
$ 8,833.00
Property Tax Trust
Fund;
Orange County Water DisrC (OCWD)
OCWD
pass thv payments per AB 7290
1,590,627
24,165
Redevelopment
24,165
S 24,165.00
Property Tax Trus:
Fund;
Orange County Transi`- Authority (OCTA)
OCTA
pass thm payments per AB 1290
544,294
8,269 Redevelopment
8,269
S 6,269.00
Property Tax Trust
Fund;
Orange County Sanitation District (OCSD)
OCSD
pass thru payments per AB 1290
3,180.448
48,318 Redevelopment
48,318
$ 48,318.00
Property Tax Trust
Fund;
Orange County LiSrary Ds`.rici
County of Orange
pass thn: payments per AB 1290
3,234,474
49,139 Redevelopment
49,139
$ 49,139.00
Property Tax Trust
Fund;
Orange Ceunty Department of Education
County of Orange
pass thr4 payments par A8 1290
4,048,576
61,507 Red-u-ment
61,507
$ 61,507.01
Property Tax Tvst
Fund;
County of Orange
County Of Orange
pass thru payments per A81290
11,950,912
181,562 Redevelopment
181,5622
$ 181,562.00
Property Tax Trust
Fund;
Oravge County Food Control District
County of Orange
pass thm payments per AB 1290
3,835,858
58,276 Redevelopment
58,276
$ 58,276.00
Property Tax Trust
Fund;
Orange County Harbors, Beaches, & Parks
Count e Orange
County 9
pass thr payments per A81290
2,965,150
45,048 Redevelopment
45,048
$ 45,048.00
Properly To Trust
Fund'
Orange County Vector Control District
County of Orange
pass ;fvu payments per AB 1290
216,511
3,295 Redevelopment
3,295
$ 3,295.00
Property Tax Trull
Fund;
Orange County Cemetery District (OCCO)
OCCD
pass thru payments per All 1290
96,279
1,463 Redevelopment
1,463
$ 1,463,00
Property Tax Trust
Fund;
Tote's -This Pae 161,271,999
2,450,096 0
0 0
C 2,450,096
$ 2,450,03fi.00
"' All month) ments shown as eetimatetl
Other
Page 10 of 10
Supplemental Exhibit A
to Attachment 1 of Resolution No. 11-04
To Initial Recognized Obligation Payment Schedule
Cooperation Agreement: Implementation Plan Schedule of Projects, Payment Schedule and Performance Schedule
SOUTH
USEOFFUNDS
a.
FOURTH FIVE YEAR IMPLEMENTATION
NOWHOUSING
PROJECTS,
& HOUSING PROGRAMS
Yr.1
PLAN - TOWN
Yr.2
CENTER & SOUTH
Yr.3
C�LN IRAL
Yr.4
Yr.5
2010/11
2011/12
2012/13
2013/14
2014/15
TOTAL
Neighborhood Improvement
$188,750
$200,000
$3,970,000
$3,100,000
$1,220,000;
$8,6781
Economic Development
$47,000
$1,000,000
$2,000,000
$2,000,000
$1,000,000
$6,047,000
Public Infrastructure & Community Facilities
5626,755
$910001000
$4,950,000
$610,000
$500,0001
$15,686,75
Administrative Program & Direct Costs
$223,325
$299,540
$314,515
$330,240
$346,75011
$1,514,37
Administrative Indirect Costs
$312,200
$1,081,000
$1,157,300
$729,200
$429,9001
$3,709,
TOTAL NON -HOUSING PROGRAMS
$1,398,030
511,580,540
$12,391,815
$6,769,440
$3,496,650; $35,636,475
Preservation of At -Risk Housing
TBD `
TBD'
TBD'
TBD'
TBD';
TBD'
Rehabilitation
$93,000
$125,000
5175,000
$175,000
$175,000
$743,000
New Housing Construction
Neighborhoods of Tustin Town Center
PlanMng/Zoning$72,000
TED
TBD'
TBD `
TBD';
$72,00
Ownership Multifamily New Construction
$p
TBD'
TBD'
TBD'
TBD''
$p
Multifamily Rental New
Construction/Acquisition and
Rehabilitation
$0
TBD
TBO i
TBD'
I
TBD ,I
$0
Tustin Legacy New Construction
$0
$1,000,000
$1,000,000
TBD
TBDI
$2,000,000
First Time Homebuyers
$0
$150,000
$250,000
$250,000
$250,0001
$900,000
HamelessAssistance(tDBG-funded)
$D
50
$0
$0
$O!
$0
Administrative & Operating Expenses
$104,700
$125,000
$145,000
$165,000
$170,0001
$709,1 00
TOTAL HOUSING PROGRAMS
$269,700
$1,400,000
$1,570,000
$590,000
$595,000;
$4,424,700
REQUIRED AGENCY PAYMENT'
($1,667,730)
(512,980,540)
($13.961,815)
(57,359,440)
($4,091,650)1 ($40,061,175)
`TBD - To Be Determined: Based on actual costs and will be additional draws against the distribution of redevelopment tax increment as casts
are incurred. Any and all balances remaining from Prior years will be reallocated to
projects in which
funding for
commited projects is
required.
' Program activities and projects outlined on the
table are described in more detail
in the Project Area's most current Five -Year
Implementation Plan, which Is Incorporated herein as though fully set forth.
REDEVELOP
USE OF FL
Yr. 1
Yr. 2
Yr. 3
Yr. 4
Yr. S 1.
NON-HOUSING2010/11
2011)32
2012/13
2013/14
2014/15 i
TOTAL
$111,750
$550,000
$500,000
5500,000
$1,150,0001
$2,811,75
Neighborhood Improvement
Economic Development
$32,000
$1,000,000
$2,000,000
$1,000,000
$500,0001,
$4,532,000
Public Infrastructure & Community Facilities
$169,350
$300,000
$1,500,000
$2,000,000
$500,0001,
$4,469,35
Administrative Program & Direct Costs
$434,022
$200,000
$210,000
5225,000
$236,250'
$1,305,27
Administrative Indirect Costs
$374,200
$493,900
$766,000
$629,100
$457,0001
$2,720,200
TOTAL NON -HOUSING PROGRAMS
$1,121,322
$2,543,900
$4,976,000
$4,354,100
$2,843,250:
$15,838,572
HOUSING•
Preservation of At Risk Housing
$0
$1,000,000
51,000,000
$0
$O:
$2,000,000
Rehabilitation
$29,000
$40,000
$40,000
540,000
540,0001
$189,000
New Housing Construction
Neighborhoods of Tustin Town Center
Planning/Zoning
$9,000
TBD
TBD'
TBD'
TBD':,
$9,000
Ownership Multifamily New Construction
$0
TOD'
TOD'
TBD'
TBD'!
$
Multifamily Rental New
;
Construction/Acquisition and Rehabilitation
$0
TBD'
TOD'
TOD'
TBD']
$
Tustin Legacy New Construction
$0
$1,000,000
$1,000,000
$1,000,000
TOO'
$3,0W,000
First Time Homebuyer
$0
$50,000
$50,000
$501000
$50,000:
$200,
Homeless Assistance
$10,000
$10,000
$10,000
$10,000
$10,000`
$50,
Administrative & Operating Expenses
$93,450
$105,OW
$130,000
$150,000
5170,00011
SWA4
TOTAL HOUSING PROGRAMS
$141,450
$2,205,000
$2,230,00(1
$1,250,000
$270,000;
$6,096,450
REQUIRED AGENCY PAYMENT'
($1,262,772)
(54,748,900)
($7.206,000)
(55,604,100)
($3,113,250)1
($21,935,022
'TBD -To Be Determined: Based
on actual costs and
will be additional
draws against
the distribution
of redevelopment
tax Increment
as
costs are incurred. Any and all balances remaining from prior years will be reallocated to projects in which funding for commited projects is
required,
' Program activities and projects outlined on the table are described in more detall in the Project
Area's most current
five -Year
Implementation Plan, which is incorporated hereln as though fully set forth.
"M-
yl.
Yr.3
Yr.4
yr. s
I AWAkfU n,onyedMpr,.WdD^! *" yntcwM*sean
7M/10
lown
7033 i
WWII
TOTAL
vesbrM TYj21n (7he D'utrst at TY34n'
LesKy)
37,065
38,940
40,890
20,645
6,000
143360
Tush Legacy Community PartM73
385,000
740,000
345,545
557.994
205,536i;
2,234,075
wl Hortwz Rtatm Pnm I mtl u1
5.60C
- ro1AW (The V34/m W CWumbu3;.
15,Om
15,000
71500
5.000
2,500 ;
SAm
45,000
Newport EHension
SW4)ntion hota3-lBacn s�M
10,000,kW
30,000,000
-
20,000
IOenm Wiin/antl Lkansin/
40,000
150Am
50.000
25,000
25,0001
290.000
Paroel Acpuisition attivities Ks tw LIFOC PK
7,500
7,500
7,500
7,500
7,5001
37,500
TOW 'A[gvftlt %DWPOWh eed D-Iopmem CoM,, on
5016M
50,6m
50.600
25.ow
12300 1
189,300
,
10,540,185
11,002,000
502,035
640,939
259,036:
22344.235
Public kkw"O Wft Intl fKW6H
GenerN CNU
Turtn ft- RP,oa. d
013,510
3.451,475
1,264,070
1,052,228
SW,OW
4,691,283
Vaasnon/4mutrory
1.106,391
The 0is0kt nTs4an Le{sq lnfrastrvttun
25,000
IO,mO,Om
-
20,DOCAW
25,000
Red Hill Awnw Med-lmp*aram
2,500,000
-
I
30,000,000
Tusiln Lepcy Park. M acre [ommunny Pu*
-
1,557,765
-
2.500,000
TOW, Public imNo'Fbnem4 aW FulOtln
14,046,701
23,019,240
1,284,070
3.052,226
SW,Omt
455).)65
38039339
3 DemWRbn(SBe OerMce
Site Prcparatlpn and DeRIOMJan
180.DDO
Woo
50.000
50.006
50.000 '
aw,=
Tobi•D--IkI n/.pn cl-
180,60C
SOADD
So,=
KOM
SCOW j
380,00(1
4 Etoeornk D..Ww e4l
Business AttrKtpn, Gro th lndRwnOon Pro/ram
127,920
127320
127,920
127.920
127,9201
639,600
UMBRA Promotbn and Monrtorin/ Pra/nm
SO,OW
SO,OW
50,000
SCOW
" 7
250.000
Tata) - ELonOrnk Da'40ePment
177,920
177,920
177,920
177,920
177,920 1
889,600
5 fim+ronmtetm
Spaciai5wdies and Mon Rorin6
30.0m
30.400
so,=
30.000
30,Om 1
150,Cm
IWI u-
T.W-E7M--."
25,000
25Am
25.00
25.000
25,000 I
125,000
55,OW
SS.OW
SSFW
53,000
55.0001
275,Om
6 Admin Pm/r.. L IMirecn
Ad -atm- Pm/ram (:Oi14
$ 750,Om S
1,DW,WD S
1,25C,MC $
1300,000 $
1,75 001
6,250,000
Ot.W.db C-
ye0,0000
5 645.000 S
WDADD $
JAM,.000 S
1.IX,= 5
1200,1
4,745,600
TOW •Atlmie Hh'aBFYaLind9edn
1,395,Om
1,BOD,OW
2,350,000
2.6m,OW
2.9w=
10,99SAM
TOTAL NON-HOU5 Wr P80GMM$
$ 26392,806 3
TBD'
36,104,200 S
T80 r
4,299.025 S
TSD'
4,S76A87 $
THD'
3,991356 1 5
I
TBD'!
75364,074
THD I
TImM Lots ty-Owrterehtp
T -Um tgaq• Rental
THD
TBD'
TBD'
TBD'
TBD si
TBD'
FirstThee HOnteww and/or Frtredosure Nnotlsled P -h..
SO
530.000
SD
SBD,DW
54;
5/60,000
Homeless Assktsnce(CDBG-funded)
SO
SO
50
5D
S01
$o
ReanburnBmtOt A[retntmL
53,292.743
$3,292,743
$3,292,743
$3,292,743
53.292.74311
$:6,463,715
Amended Admtwr .-t to City
TBD'
TBD'
TBD'
TBD-
T80';
TDD'
Admini3traNve & Indbe4 E nus
S187,799
$274,37
$30:
$331990
5343 609;
51439 579
TOTAL HOUSING PROGRAIAS
SIAW S4
$3,647,125
53.594,55
$3.704,733
$3,636,35
511,063.299
ItEOMAm AGENCY PAYMENT'
129,873,346
39,751,315}
(7,893.5771
,280,8201
17.628,3081
(93,427,368
TT*
To Be Determined: BKed m a[rlsat corb mU will SM gddklOnW Craws A&mt th d4t7Mudon W reseyebmm W incrtmem
from Rdor yem w91 be rtabxand to prvlecn in wuch fuMin2 Far
F-Vz"o
eammld pmjetts'am
nintoned.
Mry -1 all bW-
attiyities aM pro --tlW d an the table ire tlestribM in more d tail in the PrpjeRNei s most -u
Fiye-Yeer Impkm
f,my set form.
mfid Pim, whk
u inCorV-W
h -in u
Supplemental Exhibit B to Attachment 1 of Resolution No. 11-04
Initial Recognized Enforceable Obligation Payment Schedule
MCAS Tustin -Backbone Infrastructure Projects
ESTIMATED SOURCES AND USES OF FUNDS
The following table sets forth a summary of the estimated sources and uses of funds
associated with the issuance and sale of the Bonds.
Sources of Funds
Par Amount of Bonds $44,170,000.00
Less: Net Original Issue Discount (888,711.70)
Total Sources $43,281,288.30
Uses of Funds
Deposit to Redevelopment Fund (1) $40,000,000.00
Deposit to Reserve Account (2) 2,827,500.00
Costs of Issuance (3) 453,788.30
Total Uses $43,281,288.30
(1) Represents amount required to finance the 2010 Project. See "FINANCING PLAN."
(2) Represents an amount equal to the initial Reserve Account Requirement for the Bonds.
(3) Includes Underwriter's discount, fees and expenses of the Trustee, the Financial Advisor, the Fiscal Consultant,
Bond Counsel and Disclosure Counsel, printing expenses and other costs of issuance.
FINANCING PLAN
Proceeds from the sale of the Bonds will be used to (a) finance the 2010 Project, (b) fund
a reserve account for the Bonds, and (c) provide for the costs of issuing the Bonds.
The types of facilities proposed to be financed are various capital improvements within
and outside the Redevelopment Project boundaries (for which a benefit resolution shall have
been adopted by the Agency), including those that are contained in the Tustin Legacy Backbone
Infrastructure Program established by the City which accommodates much of the
environmental mitigation requirements of the Redevelopment Project, including traffic and
circulation mitigation to support the Redevelopment Project, street and roadway
improvements, including grading, paving, curbs and gutters, sidewalks, street signalization and
signage, street lights, parkway and landscaping thereto, and storm drains and flood control
channels, runoff management improvements and water quality mitigation measures, integrated
utilities backbone (including electricity, gas, telephone, cable, telecommunications, and other
dry utilities and domestic and reclaimed water and sewer facilities as permitted to be financed
from the proceeds of tax-exempt bonds), telemetry, noise mitigation expenses associated with
roadway projects, public parkland and recreation facilities, right-of-way and easements
necessary for any such facilities.
The initial priority project will be the extension of Tustin Ranch Road from Warner
Avenue on the south to Walnut Avenue on the north, including the Tustin Ranch Road bridge
and interchange at Edinger Avenue along with the integrated improvements associated with
the roadway improvement including necessary and integrated utility backbone systems.
-b-
Master Infrastructure - Backbone Improvements Cost Estimate
ci
ZTota)
Description
Reach ID No.
Backbone
Revised
20118ackbone
Cost June 2008
Cost
Roadway I Bridge Improvements
1
Kensington Park (West Connector) - (Incorporated into item 7, Reach 102)
110
2
Valencia IN, Valencia Loop) - Rea Hit to Armstrong (Incorporated into Item 7, Reach 102)
106
-
-
3
Valencia IN Valencia Loop) - Armstrong to Kensington Park (West Connector) - (Incorporated into Item 7- Reach 102)
108
_
4
Lansdowne I Incorpoaled into Item 7, Reach 102)
156
-
-
5
Edinger 1400 Ft East of Redhill To East Connector ( Non -Backbone)
200
6
Armstrong - earranca to Warner
100
3,433,878
3,433,878
7
Armstrong - Valencia IN. Valencia Loop) to Warner (Inoaoed item 1, 2,3 8 4)
102, 106, IM,110, 1561
20,825,693
20,825,693
8
Bridge - Tustin Ranch - Valencia (N. Valencia Loop) to Nath end of Bridge Including Ramp
140,142, 202
23,562,062
23,582,062
9
Tustin Randa Road - Norm and of Bridge to Walnut (Incorporated into Item 8. Reach 140)
202
-
-
9A
Tustin Rand Road / Walnut (North East Comer Widening)
1,150,142
1,150,142
10
SewnrynsRoad
104
731,412
731,412
11
Valencia (N. Valencia Loop) - Kensington Park to Tustin Ranch
112
1,137,113
1,137,113
12
East Connecta - Valencia (N. Valencia Loop) to West end of Bridge
116,118,120
2,810,154
21610,154
13
Bridge Fast Connector over Santa Ana Santa Fe Channel to Edinger
204
2,132,292
2,132,292
14
Moffett - North Loop to West and of Bridge
136
2,323,341
2,323,341
15
Bridge - Moffett over Palm Canyon Channel
138
3,693,373
3,693,373
`d
?uioltrt E. sr rad c( Bu ttie Ia Har au 'n Sime Pa(',,
`3J
1.824.L52
1.824,052
-
tweet Snaoo o.5a.bl i emL.� r rr I u i'au c d el
,.
341. ,Sl
341,688
18
Valencia (N. Valencia Loop) - Tustin Ranch to Moven
114,122
5,795,629
5,795,629
19
North Lout - Moffett to Jamboree Ramp (Incorporated into Item 18, Reach 114,122)
126
20
Park (North Loop) - Wainer (Norm) to Jamboree Ramp (incorporated No Item 21, Reach 151)
130
-
-
21
Park (Sour Loop} -Warner (Nam) to Tustin Ranch
151,130
15,868,098
15,868,098
22
Warner - Radhill to Amstrong (Incorporated into Item 23, Reach 148)
146
4,584,954
4,584,954
23
Wainer - Armstrong to Tustin Ranch
148
5,687,480
5,687,480
24
Warner - Tustin Ranch to Jamboree (including Right of Way Acquisition)
134
5,148,182
5,148,182
25
Tustin Ranch - Warner (North) to Banana
144
6,538,706
6,538,706
amu r nor.» t. rrr. Ir;,n ra t u zt
704 663
704,663
ka anal ) ern : erse f i m , ra;em renis
?a6
-
28
Tustin Ranch - Valencia (N. Valencia Loop) to Wainer Nam (Incorporated into
Item 8, Reach 140)
142
29
Sour Loop - Tustin Ranch to Armstrong (4 Lanes)
150
2,437,685
2,437,685
30
Jamboree Ramp - Jamboree to Park
32
522,566
522,566
31
Bamarra - Tustin Ranch Rd. b Redhill
154
2,595,704
2,595,704
32
Barran -Jamboree to Tustin Ranch (Including Right of Way Aqusdion)
152,512
8,907,136
8,907,136
33
SCE Barranca 220kv Transmission Pole Relocations (Deletea)
208
34
East Side Redhill - tiarranca to Wormer
160
2,070,525
2,070,525
3s
East Side Redhill - Warmer to Valencia Loop
162, 1228
491,684
491,684
35A East Side Redhill - Valencia LAop to 1000' Nodh (Incorporated alio Item 35, Reach 162)
1228
-
35B
SHIPPO Study
Estimate
133,500
133,500
35C
SoundMitigalbn- WarnerfromHarvardtoCulva
Estimate
1,494,002
1,494,002
TOTAL
126,965,715
126,965,715
Traffic Signals
36
Edinger I Kensington Park (West Connector) (Naw) (Incorporated into Item 7. Reach 1021
11GA
-
37
Edinger I East Connector (Upgrade)
204A
166,250
166,250
d
ttanar� >r i Jp1 ne irsine: � i ,,rtira�el
�$3A
245,400
245,400
39
Jamboree 1 Baranrd (upgrade)
152A
288,236
288,236
Barranca /Milliken (Naw)
1528
413,074
413,074
Barranca / Tustin Ranch (New)
F42
Barranca I Armstrong (Upgrade)100A
54A
607,079
607,079
P pw( oo
166,250
166,250
45
Redhill I Water
46
Redhill / Valencia (New) (Incorporated into item 7, Rach 102)
162A
166,250
166,250
1628
47
Valencia f Armstrong (New) (Incorporated into Item 7, Reach 102)
102A
48
warner / Armstrong (New)
146«
332,500
332,500
SARDAIRDA Shared\_legislation 20111Copy, of Master Backbone Infrastructure 4-7-11 Rev 1 no rasp noted.xisx 11:23 AM, 08/22/2011
Master Infrastructure - Backbone Improvements Cost Estimate
0
zTotal
Description
Reach ID No.
Backbone
Revised
20118ackbone
21,310,215
1 Edinger -Figure 19 -Tustin ATMS Fee Paymem
r� -
Cost June 2008
Cal y'.n L.n2noe! t >m ; ty "unl E r. a"C" tzF o Fs;r SI -.are'
8 71;Q9 l7
fan
rte Sfomr ;)rain Uver,ai! ivalenna. Armshcngi
81 196
Cost
49
Armstrong /South Loop (New)
25,783,307
ne Storm Drain Overall (Banana Channel, Tustin Rands, Park 8 Warner)
21
26,468,109
Modification to eliminate Pump Station
150A
332,500
332,500
50
WamedArea E Street (New) - Note: TBD per TLCP Land Plan
IAA rrrwle :7 inane
14aA
332,500
332,500
861
52
Tustin RanchIPark(SouthLoop)(New)
44A
301,250
301,250
53
Tustin Ranch! Warner South (New)
14488
465,500
465,500
54
Tustin Ranch I Warner North (New)
144
265,100
265,500
54A
Tustin Ranch I Warner North (New)
1440
172,500
172,500
55
Tustin Ranch I Moffett (New)
1a2A
332,500
332,500
56
Tustin Ranch/ Valencia (New)
-1
1420
332,500
332,500
57
Warner North 1 Park (North Loop)
134A
301,250
301,250
58
Park (North Loop) ! Jamboree SB Ramp (New)
130A
241,000
241,000
59
Valencia I Kensington Park iWest Conneclor)
See Detail
7,623,919
8,000,000
TOTAL
198A
1$3,0$7
183,087
60
Moffed I North Loop (New)
'
136A
299,250
299,250
.. i
MUltell Harvard (i.ipgra i" {InCorpt tib i i,G liem Next, 139,
139A
_
62
Tustin Ranch I Ramp (New)
140A
332,500
332,500
63
Tustin Ranh I Walnut (Upgrade)
202A
166,250
166,250
64
Edinger lRamp (New)
1408
465,500
465,500
r.
�weet '1ar'�ac ,inrfa �y'nr ,rl .rrr ,- ,
65
Signal Interconnect System
65
East Connector I North Loop (Now)
122A
299,250
299,250
65
Signal Interoonnecl System (*As costs are incorporated into the various traffic signal budget)
Fermate
-
-
65
Sign! Conlroser (Note vests are incorporated into the various tragic sgnal ddets)
Estimate
_
65
S"I Controlier Now costs are incorporated into the various tragic signal buaWls)
Estimate
_
TOTAL
7,207,476
7,207,476
Drainage Improvements
Traffic Mitigation _ Santa Ana I Irvine Agreements
Canyon Channel from Railroad Track to Edinger
504,506 21,310,215
21,310,215
1 Edinger -Figure 19 -Tustin ATMS Fee Paymem
r� -
Cal y'.n L.n2noe! t >m ; ty "unl E r. a"C" tzF o Fs;r SI -.are'
8 71;Q9 l7
fan
rte Sfomr ;)rain Uver,ai! ivalenna. Armshcngi
81 196
Bt 196
rte Storrs ih Ovaa(I (inducting Interim Stwm Drain ConrrecBonat blamer by RSCCD)
Edinger - Fgure 19 - Tustin ATMS Fee Payment
25,783,307
ne Storm Drain Overall (Banana Channel, Tustin Rands, Park 8 Warner)
21
26,468,109
Modification to eliminate Pump Station
520 14,283,000
81 196
81 196
,n Walnt -Figure ?9 -Tustin Addition ur Items 8 d9;Company Ccn4,b,f,on)195,000
IAA rrrwle :7 inane
861
't)1,787
;tkr is Hann ;,<=[3 vin„
161E,625
7
I mu;)W Ai; "d,"Zi :ire
2.775,854
_
Harvarz q t n73
594,1051
CL, vGi ; Y ar;er - FiU.rrt t . �rvale
594,051
74
Banana I Von Kaman Supplemental Improvements yn mpomted into Item 32, Reach 152)
152
139,505
139,505
75
Baran Improvements (Pow TSTA)
JamborLf-
-1
Estimate Share
4,482,005
76
Rer l Wormer (SEst
ma a Stnaa
2,165,220
2,165,22077
Grand / Dyer -SanShare = 29%)
Sea 0e4'd
1,659,Q61
29fi,D9076
Grand l Edinger - Stin Share = 56%)
See Detail
7,623,919
8,000,000
TOTAL
23,795,343
10,958,207
Drainage Improvements
Canyon Channel from Railroad Track to Edinger
504,506 21,310,215
21,310,215
Canyon Channel from Edinger to City Limit (Incorporated into Item 79, Reach 504)
r� -
Cal y'.n L.n2noe! t >m ; ty "unl E r. a"C" tzF o Fs;r SI -.are'
8 71;Q9 l7
8,70U00
rte Sfomr ;)rain Uver,ai! ivalenna. Armshcngi
7210,5=)3
7,210,593
rte Storrs ih Ovaa(I (inducting Interim Stwm Drain ConrrecBonat blamer by RSCCD)
700 25,783,307
25,783,307
ne Storm Drain Overall (Banana Channel, Tustin Rands, Park 8 Warner)
21
26,468,109
Modification to eliminate Pump Station
520 14,283,000
14,283,000
icor Channel Detention Basin I Sports Fields al Radial! I Wartier 500,501 1,059,432 1,059,432
rra Channel - Redhill to soah iN Tustin Ranh ( Not indnne Irvine CIP Project)152
6,788,566 6,788,566
Ana Santo Fe Channel Embankment (incorporated into Iters 13, Reach 204) 510 _
S:1RDA\RDA Shared\ legislation 2011\Copy of Master Backbone Infrastructure 4-7-11 Rev 1 no resp noted.xisx 11:23 AM, 08/22/2011
Master Infrastructure - Backbone Improvements Cost Estimate
0
Z
E
Description
Reach ID No.
Total Backbone
Revised
201 tBackbone
89
Selenwm Treatment Facility Phase t (Backbone Facility)
551
Cost June 2008
Cost
TOTAL
111,624,122
111,624,122
Dry Utilities
Water QualitylMitiption tmprrovements
Electric
89
Selenwm Treatment Facility Phase t (Backbone Facility)
551
4,284,900
4,284,9()0
89
Selenkan Treatinenl Facility Phase 2 (Bac tom Facility)
552
2,856,600
2,856,600
90
Water Quality Treatment Systems Phase 1 (Backbone Facility)
561
2,265,280
2,285,280
90
Water Quality Treatmentms System Phase 2 (Backbone Faatity)
562
571,324
571,320
91
Resources Agency Mitigation Imprpvements - Peters Canyon I Raroad to Edinger
590
370,033
370,033
92
Resources Agency Mitigation Inprovements - Pell Canyon I Edinger to City Lkrat
591
4,627,222
4,627,222
93
Resource Agency Mitigatm lmprovemenls - Peters Canyon I Cily Limit to Barranca
5,653,343
5,653,343
Utaay Backbone Aa Phases (All Utilities)
TOTAL
94
Resources AgencyMtigationimprovements- MasterDeveloper
1,190,342
1,194,342
93A Resource Agency Mitigation Improvements- Peters Canyon! City Limit to Banranca
TOTAL
16,189,697
16,189,697
Dry Utilities
Electric
Gas
Tetphare
Cable TV
Telecomunications
Backbone Phase 1 Backbone t Cuotractor Charges Total (AII Utilities)
2,602,080
2,602,080
Backbone Phase 1 Backbone * Contractor Charges Total (Ali Utilities)
5,653,343
5,653,343
Utaay Backbone Aa Phases (All Utilities)
TOTAL
750 11,284,280
19,539,7()3
11,284,280
19,539,703
SARDAIRDA Shared!—legislation 20111Copy of Master Backbone Infrastrudure 4-7-11 Rev 1 no resp noted.xlsx 11:23 AM, 08122/2011
Master Infrastructure - Backbone Improvements Cost Estimate
z
Description
Total Backbone
Reach ID No.
Revised
2011Backbone
Cost June 2008
cost
120C Tustin legacy Park. City Area (24.5 Acres) - Contingency
',32A Cityxi ;tin '�_itlra sur, l;iJii: Cerle�
288 044
288,044
000.000
1,000,000
1320 City of Tustin library; Tustin Civic Center
1328 City N Tustin li0rary; Tustin Civic Center
1,082,000
1,082,000
133A Community Entry Signage - Valencia i RedhAl -Sign Only
2,854,000
2,854,000225,000
81A Pegs Canyon I Trail Improvements
225,000
248,856
248,858
TOTAL
102,156,874
102,156,874
GRAND TOTALS
407,478,930
394,641,793
S:\RDAtRDA Shared\_Iegislation 2011\Copy of Master Backbone Infrastrudure 4-7-11 Rev 1 no resp noted.xlsx 11:23 AM, 06/22/2011
ATTACHMENT NO.2
AGREEMENT TO TRANSFER TAX INCREMENT
[Attached]
AGREEMENT TO TRANSFER TAX INCREMENT
This AGREEMENT TO TRANSFER TAX INCREMENT ("Agreement") is entered
into as of September , 2011 ("Date of Agreement"), by and between the CITY OF
TUSTIN, a California municipal corporation ("City"), and the TUSTIN COMMUNITY
REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency").
RECITALS
A. The Agency is a community redevelopment agency organized and existing
under the California Community Redevelopment Law, Health and Safety Code Sections
33000, et seq. ("CRL") and has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City Council ("City
Council") of the City.
B. The City Council adopted the Redevelopment Plans for the Town Center
Redevelopment Project, the South Central Redevelopment Project and the WAS
Tustin Redevelopment Project (collectively, and as amended from time to time, the
"Project Areas").
C. The Agency receives and has available to it tax increment revenues from
the Project Areas in accordance with and pursuant to the Redevelopment Plans, CRL
Section 33670(b) and Article XVI Section 16 of the California Constitution.
D. Assembly Bilis X1 26 and X1 27, which are trailer bills to the 2011-12
budget bills, were approved by both houses of the Legislature on June 15, 2011, signed
by the Governor on June 28, 2011, and chaptered on June 29, 2011 (together, "2011
Redevelopment Legislation").
E. Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were
added to the CRL by the 2011 Redevelopment Legislation and such measures
purported to become effective immediately.
F. Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and
authority of the Agency in the interim period prior to dissolution to certain "enforceable
obligations" and to actions required for the general winding up of affairs, preservation of
assets, and certain other goals delineated in Part 1.8.
G. Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of
all redevelopment agencies, including the Agency, as of October 1, 2011, and provides
that, thereafter, a successor agency will administer the enforceable obligations of the
Agency and otherwise wind up the Agency's affairs, all subject to the review and
approval by an oversight committee.
H. Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency
may continue in operation if a city or county that includes a redevelopment agency
DOCS001513301 v2/200350-0000
adopts an ordinance agreeing to comply with and participate in the Voluntary Alternative
Redevelopment Program established in Part 1.9 ("Program").
I. The Agency is aware that the validity, passage, and applicability of the
2011 Redevelopment Legislation are the subject of judicial challenge(s), including the
action: California Redevelopment Association, et al v. Ana Matosantos, et al.
J. The City adopted Urgency Ordinance No. 1404 on July 19, 2011 and
Ordinance No. 1404 on August 2, 2011 pursuant to Health and Safety Code Section
34193 to elect to implement participation by the City and Agency in the Alternative
Voluntary Redevelopment Program pursuant to Part 1.9 of the California Community
Redevelopment Act
K. The Supreme Court accepted original jurisdiction of the CRA Action on
August 11, 2011, notified the parties of the briefing schedule, and, importantly, issued a
stay order affecting Part 1.85 and Part 1.9, but the court did not stay Sections 34161 to
34167 of Part 1.8, then on August 17, 2011, the Supreme Court modified its stay order,
which released the stay on Sections 34167.5 to 34169.5 of Part 1.8 and on Section
34194(b)(2) of Part 1.9, making those laws now effective ("Supreme Court Stay"). The
City and Agency recognize that this Agreement is subject to the Supreme Court Stay.
L. Each city and county electing to participate in the Program, as a condition
of its redevelopment agency's continued existence and operation, is required to make
certain annual remittances ("Program Remittances") to the county auditor -controller
("CAC") pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for
FY 2011-12 ("First Remittance"), to be paid in two equal installments on January 15,
2012 and May 15, 2012, and additional annual remittance payments subsequently.
M. The City is expected to have sufficient funds and revenues exclusively
from tax increment transfers (the annual portions of its tax increment equal to annual
Remittance Payments to fund an amount equal to the City's payment of the First
Remittance and expects to have tax Increment transfers and, or other funds that
become available sufficient to fund amounts equal to the subsequent fiscal years'
remittances required by Part 1.9 ("Subsequent Remittances"). The City did not intend
by enactment of Ordinance No. 1404 or 1405 to pledge any of its general fund revenues
or other assets to make the annual Remittance Payments, it being understood that any
remittance payments will be funded solely from agency tax increment transfers and/or
other assets transferred to the City in accordance with AB x 1 27.
N. The City and Agency desire to enter into this Agreement pursuant to CRL
Section 34194.2 whereby the Agency shall transfer tax increment to the City in an
amount equal to the First Remittance, and thereafter shall transfer amounts of tax
increment equal to each and all subsequent fiscal years' remittances that the City is
required to make to the CAC as a condition of the City's participation in the Program.
The First Remittance and any and all Subsequent Remittances shall be not be
considered "new debt" of the Agency.
2
DOCS001513301 v2/200350-0000
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises, covenants,
and conditions herein contained, the parties hereto agree as follows:
Section 1. The Agency shall be liable to City for the payment of the Program
Remittances in connection with the City's participation in the Program. The Agency
agrees that no later than fifteen (15) days prior to the date upon which the City shall be
statutorily required to make any full or partial payment of a Program Remittance in any
fiscal year, the Agency shall transfer funds to the City in an amount equal to such
payment; each such payment by the Agency shall be referred to herein as a "Required
Agency Payment" and, as such payments are combined, "Required Agency Payments."
Interest shall accrue on any unpaid balance of the Required Agency Payments at an
annual interest rate equal to the maximum rate permitted by Section 53531 of the
Government Code. Interest on amounts paid as Required Agency Payments shall be
deemed to begin accruing on the date upon which the City makes any required Program
Remittance to the CAC.
Section 2. The Agency hereby pledges Tax Increment (defined below) to repayment
of its indebtedness to the City hereunder; provided that such pledge is junior and
subordinate to all outstanding bonds of the Agency, any refunding bonds issued by or
through the Agency, and any additional bonds issued hereafter by or through the
Agency. The City and Agency agree that such obligation by Agency to City may be
further subordinated by agreement of the City and the Agency.
(a) As used in this Section 2, "Tax Increment" means all taxes annually
allocated to the Agency with respect to the Project Areas in each year following the
Date of Agreement, pursuant to Article 6 of Chapter 6 (commencing with Section 33670)
of the CRL and Section 16 of Article XVI of the Constitution of the State of California
and as provided in the Redevelopment Plans for the Project Areas, including all
payments, subventions and reimbursements (if any) to the Agency specifically
attributable to ad valorem taxes lost by reason of tax exemptions and tax rate
limitations; but excluding (i) all amounts of such taxes required to be deposited into the
Low and Moderate Income Housing Fund of the Agency in any Fiscal Year pursuant to
Sections 33334.2 or 33334.6 of the CRL, (ii) all amounts of such taxes required to be
paid to taxing entities under Sections 33607.5 and 33607.7 of the CRL to the extent
such required payments create a prior lien on such taxes, (iii) amounts, if any, payable
by the State of California to the Agency under and pursuant to the provisions of Chapter
1.5 of Part 1 of Division 4 of Title 2 (commencing with Section 16110) of the
Government Code of the State of California, (iv) amounts retained by the County of
Orange as costs of collection pursuant to Chapter 466, Statutes of 1990, and (v) such
taxes, to the extent subject to a prior express pledge by the Agency.
Section 3. The obligations of the Agency under this Agreement shall constitute an
indebtedness of the Agency within the meaning of Section 33670, et seq. of the CRL.
DOCSOC/ 1513301 v2/200350-0000
Section 4. The City agrees to spend those funds received from the Agency under this
Agreement 'for the purpose of financing activities within the redevelopment area that
are related to accomplishing the redevelopment agency project goals" pursuant to CRL
Section 34194.2 (or as otherwise determined by the courts or subsequent law) and in
accordance with the laws of the United States and the State of California, all as
applicable.
Section 5. This Agreement shall become effective upon a final order of a court of
competent jurisdiction and/or a decision or order from the California Supreme Court, or
other court of competent jurisdiction, that the provisions of AB X1 27 (including Sections
34194.2 and 34194.3) are valid and enforceable.
Section 6. If any provision of this Agreement or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Agreement which can be given effect without the invalid provision or
application, and to this end the provisions of this Agreement are severable. The City
Council and Agency each hereby declares that it would have approved this Agreement
irrespective of the invalidity of any particular portion hereof as long as and subject to
Part 1.9 being declared valid and enforceable.
Section 7. An event of default occurs under this Agreement when: (a) there is a
breach of any condition, covenant or promise set forth herein; (b) written notice thereof
has been given to the defaulting party; and (c) such breach has not been cured within
thirty (30) days after such notice was given to the defaulting party or, if such breach
cannot reasonably be cured within such thirty (30) day period, the defaulting party fails
to commence to cure the breach and/or fails thereafter to diligently proceed to complete
such cure. A waiver, if any, by a party must be in writing; and, such waiver by a party of
a breach shall not be construed as a waiver of any succeeding breach of the same or
other condition, covenant or promise.
Section 8. The occurrence of an event of default hereunder shall give the non -
defaulting party the right to proceed with any and all remedies available at law or equity,
including without limitation an action for damages, an action or proceeding for specific
performance, and/or an action or proceeding for injunctive relief.
Section 9. City shall maintain authority of this Agreement and the authority to
implement this Agreement through City Manager and Finance Director (or duly
authorized representative(s)) and Agency shall maintain authority of this Agreement and
the authority to implement this Agreement through the Executive Director and Treasurer
(or duly authorized representative(s)); each shall have the authority to make approvals,
issue interpretations, waive provisions hereof.
Section 10. This Agreement shall be binding upon City and Agency and their
successors and assigns. Whenever the terms "City' or "Agency' are used in this
Agreement, such terms shall include any other successors and assigns as herein
provided.
4
DOCSOC/ 1513301 v2/200350-0000
Section 11. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
Section 12. If any term, provision, condition or covenant of this Agreement or its
application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as to
whom or which it is held invalid or unenforceable, shall not be affected, and shall be
valid and enforceable to the fullest extent permitted by law.
Section 13. Any amendment, alteration, change or modification of or to this
Agreement, in order to become effective, shall be made in writing and in each instance
signed by a duly authorized representative on behalf of each party. Each party agrees
to consider in good faith and exercise reasonable discretion in its consideration of a
request by another party to amend this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement to Transfer
Tax Increment as of the Date of Agreement.
CITY:
CITY OF TUSTIN,
a California municipal corporation
Lfi
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART
David E. Kendig, Esq., City Attorney
William Huston, Interim City Manager
[ Additional Signature blocks appear on following page.]
DOCSOC/ 1513301 v2/200350-0000
AGENCY:
TUSTIN COMMUNITY REDEVELOPMENT
AGENCY, a public body, corporate and politic
By:
William Huston, Interim Executive
Director
ATTEST:
Pamela Stoker, Recording Secretary
APPROVED AS TO FORM:
STRADLING YOCCA CARLSON & RAUTH
Celeste Stahl Brady, Special Counsel
6
DOCSOC/ 1513301 v2/200350-0000
[Proposed]
City Council Resolution No. 11-71
RESOLUTION NO. 11-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN ELECTING TO SERVE AS THE SUCCESSOR
AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY; ACCEPTING TRANSMITTAL OF AN INITIAL
RECOGNIZED OBLIGATION PAYMENT SCHEDULE;
APPROVING AN AGREEMENT TO TRANSFER TAX
INCREMENT BETWEEN THE AGENCY AND THE CITY; AND
MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. The Tustin Community Redevelopment Agency ("Agency") is a community
redevelopment agency organized and existing under the California Community
Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has
been authorized to transact business and exercise the powers of a redevelopment
agency pursuant to action of the City Council ("City Council") of the City of Tustin
("City"); and
B. The City Council adopted the Redevelopment Plans for the Town Center
Redevelopment Project, the South Central Redevelopment Project and the MCAS
Tustin Redevelopment Project (collectively, and as amended from time to time, the
"Project Areas"), all in compliance with all requirements of the CRL; and
C. AB X1 26 and AB X1 27 are trailer bills to the 2011-12 budget bills and
were approved by both houses of the Legislature on June 15, 2011, signed by the
Governor on June 28, 2011, and chaptered on June 29, 2011 (together, "2011
Redevelopment Legislation"); and
D. Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were
added to the CRL by the 2011 Redevelopment Legislation and such measures
purported to become effective immediately; and
E. Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and
authority of the Agency in the interim period prior to dissolution to certain "enforceable
obligations" and to actions required for the general winding up of affairs, preservation of
assets, and certain other goals delineated in Part 1.8; and
F. Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of
all redevelopment agencies, including the Agency, as of October 1, 2011, and provides
that, thereafter, a successor agency will administer the enforceable obligations of the
Resolution 11-71
Page 1 of 6
Agency and otherwise wind up the Agency's affairs, all subject to the review and
approval by an oversight committee; and
G. Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency
may continue in operation if a city or county that includes a redevelopment agency
adopts an ordinance agreeing to comply with and participate in the Voluntary Alternative
Redevelopment Program established in Part 1.9 ("Program"); and
H. The Agency is aware that the validity, passage, and applicability of the
2011 Redevelopment Legislation are the subject of judicial challenge(s), including the
action: Califomia Redevelopment Association, et al v. Ana Matosantos, et al; and
I. The Supreme Court accepted original jurisdiction of the CRA Action on
August 11, 2011, notified the parties of the briefing schedule, and, importantly, issued a
stay order affecting Part 1.85 and Part 1.9, but the court did not stay Sections 34161 to
34167 of Part 1.8, then on August 17, 2011, the Supreme Court modified its stay order,
which released the stay on Sections 34167.5 to 34169.5 of Part 1.8 and on Section
34194(b)(2) of Part 1.9, making those laws now effective ("Supreme Court Stay"); and
J. Section 34169(h) of the CRL, which was added to the CRL by AB X1 26
and is set forth in Part 1.8 of the CRL, requires the Agency to prepare an Initial
Recognized Obligation Payment Schedule, no later than September 30, 2011, and
provide it to the successor agency, if a successor agency is established pursuant to
Part 1.85 (commencing with Section 34170); and
K. While Part 1.85 (that provides for the dissolution of redevelopment
agencies and the creation of successor agencies) and Part 1.9, except Section
34194(b)(2), (that authorizes the City to opt into the Program) are both stayed by order
of the California Supreme Court, Part 1.8, specifically including Section 34169 of the
CRL, currently remains in full force and effect; and
L. The City desires to confirm and make its election to become the successor
agency in the event the Agency is dissolved; and
M. of even date herewith and at the same regular meeting hereof, the Agency
has adopted an Initial Recognized Obligation Payment Schedule ("IROPS") and has
directed the Agency Executive Director to transmit the IROPS to the City, as required by
Section 34169(h) of the CRL; and
N. The City, as successor agency, desires to accept the transmittal of the
IROPS; and
O. Each city and county electing to participate in the Program, as a condition
of its redevelopment agency's continued existence and operation, is required to make
certain annual remittances ("Program Remittances") to the county auditor -controller
("CAC") pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for
Resolution 11-71
Page 2 of 6
FY 2011-12 ("First Remittance"), to be paid in two equal installments on January 15,
2012 and May 15, 2012; and
P. The City expects it will have sufficient moneys and revenues to fund an
amount equal to the City's payment of the First Remittance and further expects to have
sufficient moneys and revenues to fund the subsequent annual remittances as may be
required by Part 1.9 (collectively "Subsequent Remittances"); and
Q. The City has adopted Ordinance Nos. 1404 and 1405 pursuant to Part 1.9
to opt -in so that the Agency would continue in operation and perform its functions; and
R. The City and Agency desire to enter into an agreement pursuant to
CRL Section 34194.2 whereby the Agency shall make an initial transfer of a portion of
its tax increment to the City in an amount equal the First Remittance, and thereafter
transfer amounts of tax increment equal to any Subsequent Remittances which the City
is required to make to the CAC pursuant to the City's participation in the Program
("Agreement to Transfer Tax Increment"), all of which shall collectively be considered an
existing debt of the Agency and not new debt; and
S. The City, by the adoption of this Resolution, does not represent, disclaim,
or take any position whatsoever on the issue of the validity of AB X1 26 or AB X1 27,
but rather the City seeks to comply with the Constitution and laws of the State of
California, in order to preserve the ability of the Agency to continue to operate and
thereby benefit the community; and
T. The dissolution of the Agency would be detrimental to the health, safety,
and economic well-being of the residents of the City and cause irreparable harm to the
community, because, among other reasons, the redevelopment activities and projects
made possible, implemented, and funded by the Agency are highly significant and of
enduring benefit to the community and the City, and are a critical component of its
future; and
U. The City has duly considered all other related matters and has determined
that the City's election to serve as successor agency to the Agency, acceptance of the
IROPS, and approval and execution of the Agreement to Transfer Tax Increment is in
the best interests of the City and Agency and the health, safety, and welfare of its
residents, and in accord with the public purposes and provisions of applicable state and
local laws and requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TUSTIN:
1. The foregoing recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
Resolution 11-71
Page 3 of 6
2. The City Council hereby elects to serve as the successor agency to the
Agency in the event the Agency is dissolved for any reason, including due to Part 1.85
of the CRL being upheld and determined to be valid and Part 1.9 of the CRL being
declared and determined to be invalid by final and binding decision of a competent court
with jurisdiction, including the California Supreme Court.
3. The City Council hereby accepts transmittal of the IROPS by the Agency
pursuant to Section 34169(h) of the CRL.
4. The City Council hereby approves that certain Agreement to Transfer Tax
Increment in substantially the form attached hereto as Attachment No.1 and
incorporated herein, with such changes mutually agreed upon by the City Manager, the
Agency Executive Director, the City Attorney and Special Counsel, respectively, as are
minor and in substantial conformance with the form of the Agreement to Transfer Tax
Increment submitted herewith. The Mayor and the City Clerk are hereby authorized to
execute and attest the Agreement to Transfer Tax Increment on behalf of the City. In
such regard, the Mayor is authorized to sign the final version of the Agreement to
Transfer Tax Increment after completion of any such non -substantive, minor revisions.
Copies of the final form of the Agreement to Transfer Tax Increment, when duly
executed and attested, shall be placed on file in the office of the City Clerk. Further, the
City Manager (or his duly authorized representative) is authorized to implement the
Agreement to Transfer Tax Increment and take all further actions and execute all
documents referenced therein and/or necessary and appropriate to implement the
purposes of the Agreement to Transfer Tax Increment. The City Manager (or his duly
authorized representative) is hereby authorized to the extent necessary during the
implementation of the Agreement to Transfer Tax Increment to make technical or minor
changes, modifications, amendments and interpretations thereto after execution, as
necessary to properly implement and carry out the Agreement to Transfer Tax
Increment; provided any and all such changes shall not in any manner materially affect
the rights and obligations of the City thereunder.
5. The City Attorney is hereby authorized, to the greatest extent permitted by
law, to bring an action or appear in an action brought in the Superior Court pursuant to
Sections 33500 and 33501 of the CRL to determine the validity of the Agreement to
Transfer Tax Increment, or the validity of any bonds contemplated to be issued by the
Agency or other material contracts of the Agency, or any findings of the City Council
related thereto, upon the determination of the City Manager that such action is
reasonably necessary or appropriate to facilitate the consummation of any Agency
transaction for which City Council approval has been given.
6. This Resolution shall in no way be construed as requiring the City (or the
Agency) to abide by the 2011 Redevelopment Legislation in the event either, or both,
bills are found unconstitutional or otherwise legally invalid in whole or in part, nor shall
this Resolution effect or give rise to any waiver of rights or remedies the City (and/or the
Agency) may have, whether in law or in equity, to challenge 2011 Redevelopment
Legislation. This Resolution shall not be construed as the City's (and/or the Agency's)
Resolution 11-71
Page 4 of 6
willing acceptance of, or concurrence with the 2011 Redevelopment Legislation, either
AB X1 26 or AB X1 27; nor does this Resolution evidence any assertion or belief
whatsoever on the part of the City (and/or Agency) the 2011 Redevelopment Legislation
is constitutional or lawful.
7. This Resolution shall be effective immediately upon adoption.
8. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this day of , 2011.
Jerry Amante, Mayor
ATTEST:
Pamela Stoker, City Clerk
Resolution 11-71
Page 5 of 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
I, PAMELA STOKER, City Clerk and ex-offico Clerk of the City Council of the City
of Tustin, California, do hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No. 11-71
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 20th day of September, 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
Resolution 11-71
Page 6 of 6
ATTACHMENT NO. 1
AGREEMENT TO TRANSFER TAX INCREMENT
[Attached]
AGREEMENT TO TRANSFER TAX INCREMENT
This AGREEMENT TO TRANSFER TAX INCREMENT ("Agreement") is entered
into as of September , 2011 ("Date of Agreement"), by and between the CITY OF
TUSTIN, a California municipal corporation ("City'), and the TUSTIN COMMUNITY
REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency").
RECITALS
A. The Agency is a community redevelopment agency organized and existing
under the California Community Redevelopment Law, Health and Safety Code Sections
33000, et seq. ("CRL") and has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City Council ("City
Council") of the City.
B. The City Council adopted the Redevelopment Plans for the Town Center
Redevelopment Project, the South Central Redevelopment Project and the WAS
Tustin Redevelopment Project (collectively, and as amended from time to time, the
"Project Areas").
C. The Agency receives and has available to it tax increment revenues from
the Project Areas in accordance with and pursuant to the Redevelopment Plans, CRL
Section 33670(b) and Article XVI Section 16 of the California Constitution.
D. Assembly Bills X1 26 and X1 27, which are trailer bills to the 2011-12
budget bills, were approved by both houses of the Legislature on June 15, 2011, signed
by the Governor on June 28, 2011, and chaptered on June 29, 2011 (together, "2011
Redevelopment Legislation").
E. Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were
added to the CRL by the 2011 Redevelopment Legislation and such measures
purported to become effective immediately.
F. Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and
authority of the Agency in the interim period prior to dissolution to certain "enforceable
obligations" and to actions required for the general winding up of affairs, preservation of
assets, and certain other goals delineated in Part 1.8.
G. Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of
all redevelopment agencies, including the Agency, as of October 1, 2011, and provides
that, thereafter, a successor agency will administer the enforceable obligations of the
Agency and otherwise wind up the Agency's affairs, all subject to the review and
approval by an oversight committee.
H. Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency
may continue in operation if a city or county that includes a redevelopment agency
DOCS001513301 v2/200350-0000
adopts an ordinance agreeing to comply with and participate in the Voluntary Alternative
Redevelopment Program established in Part 1.9 ("Program").
I. The Agency is aware that the validity, passage, and applicability of the
2011 Redevelopment Legislation are the subject of judicial challenge(s), including the
action: California Redevelopment Association, et al v. Ana Matosantos, et al.
J. The City adopted Urgency Ordinance No. 1404 on July 19, 2011 and
Ordinance No. 1404 on August 2, 2011 pursuant to Health and Safety Code Section
34193 to elect to implement participation by the City and Agency in the Alternative
Voluntary Redevelopment Program pursuant to Part 1.9 of the California Community
Redevelopment Act
K. The Supreme Court accepted original jurisdiction of the CRA Action on
August 11, 2011, notified the parties of the briefing schedule, and, importantly, issued a
stay order affecting Part 1.85 and Part 1.9, but the court did not stay Sections 34161 to
34167 of Part 1.8, then on August 17, 2011, the Supreme Court modified its stay order,
which released the stay on Sections 34167.5 to 34169.5 of Part 1.8 and on Section
34194(b)(2) of Part 1.9, making those laws now effective ("Supreme Court Stay'). The
City and Agency recognize that this Agreement is subject to the Supreme Court Stay.
L. Each city and county electing to participate in the Program, as a condition
of its redevelopment agency's continued existence and operation, is required to make
certain annual remittances ("Program Remittances") to the county auditor -controller
("CAC") pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for
FY 2011-12 ("First Remittance"), to be paid in two equal installments on January 15,
2012 and May 15, 2012, and additional annual remittance payments subsequently.
M. The City is expected to have sufficient funds and revenues exclusively
from tax increment transfers (the annual portions of its tax increment equal to annual
Remittance Payments to fund an amount equal to the City's payment of the First
Remittance and expects to have tax Increment transfers and, or other funds that
become available sufficient to fund amounts equal to the subsequent fiscal years'
remittances required by Part 1.9 ("Subsequent Remittances"). The City did not intend
by enactment of Ordinance No. 1404 or 1405 to pledge any of its general fund revenues
or other assets to make the annual Remittance Payments, it being understood that any
remittance payments will be funded solely from agency tax increment transfers and/or
other assets transferred to the City in accordance with AB x 1 27.
N. The City and Agency desire to enter into this Agreement pursuant to CRL
Section 34194.2 whereby the Agency shall transfer tax increment to the City in an
amount equal to the First Remittance, and thereafter shall transfer amounts of tax
increment equal to each and all subsequent fiscal years' remittances that the City is
required to make to the CAC as a condition of the City's participation in the Program.
The First Remittance and any and all Subsequent Remittances shall be not be
considered "new debt" of the Agency.
2
DOCS001513301 v2/200350-0000
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises, covenants,
and conditions herein contained, the parties hereto agree as follows:
Section 1. The Agency shall be liable to City for the payment of the Program
Remittances in connection with the City's participation in the Program. The Agency
agrees that no later than fifteen (15) days prior to the date upon which the City shall be
statutorily required to make any full or partial payment of a Program Remittance in any
fiscal year, the Agency shall transfer funds to the City in an amount equal to such
payment; each such payment by the Agency shall be referred to herein as a "Required
Agency Payment" and, as such payments are combined, "Required Agency Payments."
Interest shall accrue on any unpaid balance of the Required Agency Payments at an
annual interest rate equal to the maximum rate permitted by Section 53531 of the
Government Code. Interest on amounts paid as Required Agency Payments shall be
deemed to begin accruing on the date upon which the City makes any required Program
Remittance to the CAC.
Section 2. The Agency hereby pledges Tax Increment (defined below) to repayment
of its indebtedness to the City hereunder; provided that such pledge is junior and
subordinate to all outstanding bonds of the Agency, any refunding bonds issued by or
through the Agency, and any additional bonds issued hereafter by or through the
Agency. The City and Agency agree that such obligation by Agency to City may be
further subordinated by agreement of the City and the Agency.
(a) As used in this Section 2, "Tax Increment" means all taxes annually
allocated to the Agency with respect to the Project Areas in each year following the
Date of Agreement, pursuant to Article 6 of Chapter 6 (commencing with Section 33670)
of the CRL and Section 16 of Article XVI of the Constitution of the State of California
and as provided in the Redevelopment Plans for the Project Areas, including all
payments, subventions and reimbursements (if any) to the Agency specifically
attributable to ad valorem taxes lost by reason of tax exemptions and tax rate
limitations; but excluding (i) all amounts of such taxes required to be deposited into the
Low and Moderate Income Housing Fund of the Agency in any Fiscal Year pursuant to
Sections 33334.2 or 33334.6 of the CRL, (ii) all amounts of such taxes required to be
paid to taxing entities under Sections 33607.5 and 33607.7 of the CRL to the extent
such required payments create a prior lien on such taxes, (iii) amounts, if any, payable
by the State of California to the Agency under and pursuant to the provisions of Chapter
1.5 of Part 1 of Division 4 of Title 2 (commencing with Section 16110) of the
Government Code of the State of California, (iv) amounts retained by the County of
Orange as costs of collection pursuant to Chapter 466, Statutes of 1990, and (v) such
taxes, to the extent subject to a prior express pledge by the Agency.
Section 3. The obligations of the Agency under this Agreement shall constitute an
indebtedness of the Agency within the meaning of Section 33670, et seq. of the CRL.
DOCSOC/ 1513301 v2/200350-0000
Section 4. The City agrees to spend those funds received from the Agency under this
Agreement `for the purpose of financing activities within the redevelopment area that
are related to accomplishing the redevelopment agency project goals" pursuant to CRL
Section 34194.2 (or as otherwise determined by the courts or subsequent law) and in
accordance with the laws of the United States and the State of California, all as
applicable.
Section 5. This Agreement shall become effective upon a final order of a court of
competent jurisdiction and/or a decision or order from the California Supreme Court, or
other court of competent jurisdiction, that the provisions of AB X1 27 (including Sections
34194.2 and 34194.3) are valid and enforceable.
Section 6. If any provision of this Agreement or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Agreement which can be given effect without the invalid provision or
application, and to this end the provisions of this Agreement are severable. The City
Council and Agency each hereby declares that it would have approved this Agreement
irrespective of the invalidity of any particular portion hereof as long as and subject to
Part 1.9 being declared valid and enforceable.
Section 7. An event of default occurs under this Agreement when: (a) there is a
breach of any condition, covenant or promise set forth herein; (b) written notice thereof
has been given to the defaulting party; and (c) such breach has not been cured within
thirty (30) days after such notice was given to the defaulting party or, if such breach
cannot reasonably be cured within such thirty (30) day period, the defaulting party fails
to commence to cure the breach and/or fails thereafter to diligently proceed to complete
such cure. A waiver, if any, by a party must be in writing; and, such waiver by a party of
a breach shall not be construed as a waiver of any succeeding breach of the same or
other condition, covenant or promise.
Section 8. The occurrence of an event of default hereunder shall give the non -
defaulting party the right to proceed with any and all remedies available at law or equity,
including without limitation an action for damages, an action or proceeding for specific
performance, and/or an action or proceeding for injunctive relief.
Section 9. City shall maintain authority of this Agreement and the authority to
implement this Agreement through City Manager and Finance Director (or duly
authorized representative(s)) and Agency shall maintain authority of this Agreement and
the authority to implement this Agreement through the Executive Director and Treasurer
(or duly authorized representative(s)); each shall have the authority to make approvals,
issue interpretations, waive provisions hereof.
Section 10. This Agreement shall be binding
successors and assigns. Whenever the terms
Agreement, such terms shall include any other
provided.
4
DOCSOC/ 1513301 v2/200350-0000
upon City and Agency and their
"City" or "Agency' are used in this
successors and assigns as herein
Section 11. This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
Section 12. If any term, provision, condition or covenant of this Agreement or its
application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as to
whom or which it is held invalid or unenforceable, shall not be affected, and shall be
valid and enforceable to the fullest extent permitted by law.
Section 13. Any amendment, alteration, change or modification of or to this
Agreement, in order to become effective, shall be made in writing and in each instance
signed by a duly authorized representative on behalf of each party. Each party agrees
to consider in good faith and exercise reasonable discretion in its consideration of a
request by another party to amend this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement to Transfer
Tax Increment as of the Date of Agreement.
CITY:
CITY OF TUSTIN,
a California municipal corporation
By:
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART
David E. Kendig, Esq., City Attorney
William Huston, Interim City Manager
[ Additional Signature blocks appear on following page.]
DOCSOC/ 1513301 v2/200350-0000
AGENCY:
TUSTIN COMMUNITY REDEVELOPMENT
AGENCY, a public body, corporate and politic
M
William Huston, Interim Executive
Director
ATTEST:
Pamela Stoker, Recording Secretary
APPROVED AS TO FORM:
STRADLING YOCCA CARLSON & RAUTH
Celeste Stahl Brady, Special Counsel
DOCSOC/ 1513301 v2/200350-0000
Administrative Expenses Payment/Reimbursement Agreement
ADMINISTRATIVE EXPENSES PAYMENT/REIMBURSEMENT AGREEMENT
This ADMINISTRATIVE EXPENSES PAYMENT/REIMBURSEMENT
AGREEMENT ("Agreement") is entered into as of September 20, 2011 ("Date of
Agreement"), by and between the CITY OF TUSTIN, a California municipal corporation
("City"), and the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a public body,
corporate and politic ("Agency').
RECITALS
A. The Agency is a community redevelopment agency organized and existing
under the California Community Redevelopment Law, Health and Safety Code Sections
33000, et seq. ("CRL") and has been authorized to transact business and exercise the
powers of a redevelopment agency pursuant to action of the City Council ("City
Council") of the City.
B. The City Council adopted the Redevelopment Plans for the Town Center
Redevelopment Project, the South Central Redevelopment Project and the WAS
Tustin Redevelopment Project (collectively, and as amended from time to time, the
"Redevelopment Plans").
C. Chapter 6, Article 2 of the CRL allows the Agency to use tax increment to
pay administrative expenses.
D. It has been the practice of the City and Agency for employees of the City
to administer the activities and programs of the Agency and for the City to provide
supplies and services to the Agency, to enable the Agency to perform redevelopment
activities in accordance with the CRL and the Redevelopment Plans ("Administrative
Expenses"). Each year, the City Council has included these Administrative Expenses in
the Agency's budget and the Agency has paid such Administrative Expenses incurred
by the City, all in accordance with the CRL and the annual budgets adopted by the City
Council.
E. The City and Agency now desire to memorialize the practice of payment
for the Agency's Administrative Expense and by this Agreement affirm and document
formally such ongoing practice by which the City provides the staff, supplies and
services necessary to administer the activities and programs of the Agency and the
Agency pays such Administrative Expenses incurred by the City, to confirm and itemize
this Agency obligation for such necessary and proper Administrative Expenses in the
Agency's Statements of Indebtedness, Enforceable Obligation Payment Schedules, and
Recognized Obligation Payment Schedules required by the CRL , including the
2011 Redevelopment Legislation (defined below), to ensure sufficient tax increment will
be available to the Agency to pay such Administrative Expenses.
DOCSOC/ 1513336v2/200350-0000
F. Assembly Bills X1 26 and X1 27, which are trailer bills to the 2011-12
budget bills, were approved by both houses of the Legislature on June 15, 2011, signed
by the Governor on June 28, 2011, and chaptered on June 29, 2011 (together, "2011
Redevelopment Legislation").
G. Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were
added to the CRL by the 2011 Redevelopment Legislation and such measures
purported to become effective immediately.
H. Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and
authority of the Agency in the interim period prior to dissolution to certain "enforceable
obligations" and to actions required for the general winding up of affairs, preservation of
assets, and certain other goals delineated in Part 1.8.
I. Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of
all redevelopment agencies, including the Agency, as of October 1, 2011, and provides
that, thereafter, a successor agency will administer the enforceable obligations of the
Agency and otherwise wind up the Agency's affairs, all subject to review and approval
by an oversight committee.
J. Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency
may continue in operation if a city or county that includes a redevelopment agency
adopts an ordinance agreeing to comply with and participate in the Voluntary Alternative
Redevelopment Program established in Part 1.9 ("Program").
K. The City and Agency are aware that the validity, passage, and applicability
of the 2011 Redevelopment Legislation are the subject of judicial challenge(s), including
the action: California Redevelopment Association, et al v. Ana Matosantos, et al. ("CRA
Action").
L. The Supreme Court accepted original jurisdiction of the CRA Action on
August 11, 2011, notified the parties of the briefing schedule, and, importantly, issued a
stay order affecting Part 1.85 and Part 1.9, but the court did not stay Sections 34161 to
34167 of Part 1.8, then on August 17, 2011, the Supreme Court modified its stay order,
which released the stay on Sections 34167.5 to 34169.5 of Part 1.8 and on Section
34194(b)(2) of Part 1.9, making those laws now effective ("Supreme Court Stay").
M. The City and Agency recognize that this Agreement is subject to the
Supreme Court Stay.
N. The City and Agency desire by this Agreement to affirm and document
formally the existing, long term, ongoing practice and agreement between the City and
Agency, pursuant to Chapter 6, Article 2 of the CRL, pursuant to which the Agency pays
tax increment to the City in an amount equal to the Agency Administrative Expenses
budgeted by the City Council in each fiscal year.
AGREEMENT
DOCSOC/ 1513336v2/200350-0000
NOW, THEREFORE, for and in consideration of the mutual promises, covenants,
and conditions herein contained, the parties hereto agree as follows:
Section 1. The Agency shall be liable to City for the payment of the Administrative
Expenses as set forth in the Agency and City budgets adopted by the City Council each
fiscal year, as such annual budgets may be amended, revised or reconciled from time to
time. For fiscal year 2011-2012 the estimated Administrative Expenses are set forth in
the City's and Agency's budgets adopted pursuant to legal requirements as set forth
and described in the attached Exhibit A and fully incorporated by this reference.
Section 2. The Agency hereby pledges Tax Increment (defined below) to payment of
the Administrative Expenses budgeted by the City Council each fiscal year; provided
that such pledge is junior and subordinate to all outstanding bonded indebtedness of the
Agency, any refunding of such bonds issued by or through the Agency, or through a
joint powers agency of which the Agency is a member, and any additional bonds issued
hereafter by or through the Agency. The City and Agency agree that such obligation by
Agency to City may be further subordinated by agreement of the City and the Agency.
(a) As used in this Section 2, 'Tax Increment" means all taxes annually
allocated to the Agency with respect to the Project Areas in each year following the
Date of Agreement, pursuant to Article 6 of Chapter 6 (commencing with Section 33670)
of the CRL and Section 16 of Article XVI of the Constitution of the State of California
and as provided in the Redevelopment Plans, including all payments, subventions and
reimbursements (if any) to the Agency specifically attributable to ad valorem taxes lost
by reason of tax exemptions and tax rate limitations; but excluding (i) all amounts of
such taxes required to be deposited into the Low and Moderate Income Housing Fund
of the Agency in any Fiscal Year pursuant to Sections 33334.2 or 33334.6 of the CRL,
(ii) all amounts of such taxes required to be paid to taxing entities under Sections
33607.5 and 33607.7 of the CRL to the extent such required payments create a prior
lien on such taxes, (iii) amounts, if any, payable by the State of California to the Agency
under and pursuant to the provisions of Chapter 1.5 of Part 1 of Division 4 of Title 2
(commencing with Section 16110) of the Government Code of the State of California,
(iv) amounts retained by the County of Orange as costs of collection pursuant to
Chapter 466, Statutes of 1990, and (v) such taxes, to the extent subject to a prior
express pledge by the Agency.
Section 3. The obligations of the Agency under this Agreement shall constitute an
indebtedness of the Agency within the meaning of Section 33670, et seq. of the CRL.
Section 4. This Agreement reflects the long established, and ongoing, practice of the
City and Agency with respect to the payment of Administrative Expenses and is
intended to be valid and enforceable notwithstanding any final order of a court of
competent jurisdiction and/or a decision or order from the California Supreme Court, or
other court of competent jurisdiction, validating or invalidating the 2011 Redevelopment
Legislation, or any portion or portions thereof.
DOCSOC/ 1513336v2/200350-0000
Section 5. If any provision of this Agreement or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Agreement which can be given effect without the invalid provision or
application, and to this end the provisions of this Agreement are severable. The City
Council and Agency each hereby declares that it would have approved this Agreement
irrespective of the invalidity of any particular portion hereof.
Section 6. An event of default occurs under this Agreement when: (a) there is a
breach of any condition, covenant or promise set forth herein; (b) written notice thereof
has been given to the defaulting party; and (c) such breach has not been cured within
thirty (30) days after such notice was given to the defaulting party or, if such breach
cannot reasonably be cured within such thirty (30) day period, the defaulting party fails
to commence to cure the breach and/or fails thereafter to diligently proceed to complete
such cure. A waiver, if any, by a party must be in writing; and, such waiver by a party of
a breach shall not be construed as a waiver of any succeeding breach of the same or
other condition, covenant or promise.
Section 7. The occurrence of an event of default hereunder shall give the non -
defaulting party the right to proceed with any and all remedies available at law or equity,
including without limitation an action for damages, an action or proceeding for specific
performance, and/or an action or proceeding for injunctive relief.
Section 8. City shall maintain authority of this Agreement and the authority to
implement this Agreement through the City Manager and Finance Director (or their duly
authorized representative(s)) and Agency shall maintain authority of this Agreement and
the authority to implement this Agreement through the Executive Director and Treasurer
(or their duly authorized representative(s)); the City Manager, on behalf of the City, and
the Executive Director, on behalf of the Agency, shall each have the authority to make
approvals, issue interpretations, and waive provisions hereof.
Section 9. This Agreement shall be binding upon City and Agency and their
successors and assigns. Whenever the terms "City' or "Agency' are used in this
Agreement, such terms shall include any other successors and assigns as herein
provided.
Section 10. This Agreement shall be governed by and construed in accordance with
the Constitution and laws of the State of California.
Section 11. If any term, provision, condition or covenant of this Agreement or its
application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Agreement, or the application of the term,
provision, condition or covenant to persons or circumstances other than those as to
whom or which it is held invalid or unenforceable, shall not be affected, and shall be
valid and enforceable to the fullest extent permitted by law.
Section 12. Any amendment, alteration, change or modification of or to this
Agreement, in order to become effective, shall be made in writing and in each instance
DOCSOC/ 1513336v2/200350-0000
signed by a duly authorized representative on behalf of each party. Each party agrees
to consider in good faith and exercise reasonable discretion in its consideration of a
request by another party to amend this Agreement.
IN WITNESS WHEREOF, the parties have executed this Administrative
Expenses Payment/Reimbursement Agreement as of the Date of Agreement.
CITY:
CITY OF TUSTIN,
a California municipal corporation
By:
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
WOODRUFF, SPRADLIN & SMART
David E. Kendig, Esq., City Attorney
William Huston, Interim City Manager
[Additional Signature blocks appear on following page.]
DOCSOC/ 1513336v2/200350-0000
AGENCY:
TUSTIN COMMUNITY REDEVELOPMENT
AGENCY, a public body, corporate and politic
M
William Huston, Interim Executive
Director
ATTEST:
Pamela Stoker, Agency Secretary
APPROVED AS TO FORM:
STRADLING YOCCA CARLSON & RAUTH
Celeste Stahl Brady, Special Counsel
DOCSOC/ 1513336v2/200350-0000
Exhibit A
Redevelopment Administrative Costs
Description of Methodology
The indirect administrative costs allocation method, in its current form, has been used since
Fiscal Year 1999-2000. This costs allocation method has been presented to the City's
independent auditors as a justification for the indirect administrative costs charged to the various
departments/funds; including Redevelopment Agency, Water Enterprise, and special revenue
funds. The indirect administrative cost allocation allows the City's General Fund to recover
overhead costs associated with providing general administrative functions to the various
department or special revenue funds. The calculation of the indirect administrative costs looks at
the various internal services provided by various departments (City Council, City Clerk, City
Manager, Finance, Human Resources, Information Technology, facilities related costs, and non -
departmental) that are difficult or infeasible to quantify, in terms of direct charge, and calculates
these departments' percentage of the total General Fund, which is the overhead percentage.
The estimated overhead percentage for Fiscal Year 2011-2012 is 15.975% ($8,490,400 /
$53,146,921); see attachment 1 of this Exhibit A entitled "Indirect Administrative Cost
Allocation" for detailed calculation. The indirect administrative costs are calculated by applying
the overhead percentage against the total expenditures of the Redevelopment Agency, Water
Enterprise, and special revenue funds. The estimated indirect administrative costs for the
Redevelopment Agency for Fiscal Year 2011-2012 is calculated to be $3,600,908 ($22,540,417 x
15.975%), however, it's currently capped at the Fiscal Year 2010-2011 level of $2,711,500.
During Fiscal Year 2011-2012, the Finance department will contract with a consultant to perform
a comprehensive overhead/indirect administrative costs allocation study for all City services,
therefore this amount would be adjusted to reflect the consultant's findings.
Attachment 1
Of Exhibit A
Calculation of Labor Distribution and Annual Redevelopment Administrative Expenses
Annual Labor Distribution
For the Year Ending 06/30/12
Calculation of Indirect Administrative Cost
$22,540,417
Total Non -Dept Expense @ YTD 06/30/12:
x 15.975%
$3,600,908
Dept Total:
$
3,702,018
*2011/2011 @ Projected YE 06/30/12 for:
$0
C. Mgr
Accts Not Used In Admin Cost Allocation:
Finance
101 City Council
$
125,800
MIS
$0
Com Dev
$0
102 City Clerk
$
387,300
6026
Fiscal Agent Exp.
$
-
103 City Att
$
-
6146
Shopping Cart Program
$
201 City Mgr
$
768,400
6647
Weed Abatement
$
-
202 Finance
$
1,156,100
6908
Parking Citations
$
5,000
203 Personnel
$
770,200
6920
Animal Control Contract
$
181,000
204 MIS
$
1,553,800
6915
Senior Programs
$
-
407 Facility Expense
$
2,543,000
6919
USDA Lunch Prog.
$
-
801 Non -Dept
$
592,900
6974
Marine Base Close
$
-
$
7,897,500
8330
Memberships/Subs
$
-
* From YTD 06/30/12 Report
8xxx
Transfers
$
2,892,018
8444
Lease Payment -Park
Indirect Admin Cost Fa.
8464
Landscape Light Dist. Exp.
$
9,000
Admin Expenses $ 8,490,400
8494
Discount Chg-Credit Cards
$
5,000
='s
15.975%
Total GF Expense $ 53,146,921
8495
Bad Debt Write Off
$
17,100
$
3,109,118
Net Non -Dept:
$
592,900
Calculation of Amount due to GF:
RDA 7771
SC:
551 $7,939,545
552 $1,319,100
553 Due To GF:
41.076% $9,258,645 $1,479,100
Admin Fee: $1,479,100
Balance: $0
TC:
557 $2,194,666
558 $375,170
559 Due To GF:
11.401% $2,569,836 $410,500
Admin Fee: $410,500
Balance: $0
MCAS:
554 $6,167,751
555 $4,544,184
556 Due To GF:
47.523% $10,711,935 $ 1,711,300
Admin Fee: $1,711,300
Balance: $
RDA
G Total: $22,540,417
Total RDA Expense:
$22,540,417
x 15.975%
$3,600,908
$0
C. Council
$0
C.Clerk
$0
C. Mgr
$0
Finance
$0
Personnel
$0
MIS
$0
Com Dev
$0
Building
$0
Engineering
$3,600,908
Total Admin Fee: $2,711,500 The total indirect charge was capped at $2.7 million, which is the
some level as Fiscal Year 2010-2011. During Fiscal Year 2011-2012
Finance will contract with a firm to perform a comprehensive
overhead/indirect charge allocation for all City services, therefore
this amount would be adjusted to reflect the consultant's findings.
9114=11 Pops 1 of 1
[Proposed]
RDA Resolution No. 11-05
RESOLUTION NO. 11-05
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY,
APPROVING AND ADOPTING A REVISED
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY DOES HEREBY
RESOLVE AS FOLLOWS:
1. The Tustin Community Redevelopment Agency does hereby find and determine:
A. Pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.) (the "Redevelopment Law"), the City
Council of the City of Tustin (the "Council') adopted the following redevelopment
plans (collectively the "Redevelopment Plans"):
(1) The Town Center Redevelopment Plan was adopted on November 22, 1976
by Ordinance No. 701 and subsequently amended on September 8, 1981 by
Ordinance No. 855, and subsequently on March 20, 1989 by Ordinance No.
1021; on November 21, 1994 by Ordinance No. 1141, on February 22, 2005
by Ordinance No. 1291; on October 17, 2005 by Ordinance No. 1306, and; on
February 5, 2008 by Ordinance No. 1348.
(2) The South Central Redevelopment Plan was adopted on August 1, 1983 by
Ordinance No. 890, and subsequently amended on August 5, 1985 by
Ordinance No. 939; on November 21, 1994 by Ordinance No. 1142; on
November 1, 1999 by Ordinance No. 1223; on February 22, 2005 by
Ordinance no. 1290; on October 17, 2005 by Ordinance No 1307; on April 3,
2007 by Ordinance No. 1333, and; on February 5, 2008 by Ordinance No.
1349.
B. The MCAS Tustin Redevelopment Project was adopted on June 16, 2003
by Ordinance No. 1276 and subsequently amended on April 3, 2007 by
Ordinance No. 1334.
C. The Community Redevelopment Agency of the City of Tustin
(the "Agency") is responsible for implementing the Redevelopment Plans
pursuant to the Redevelopment Law; and
D. The California Legislature has adopted, and the Governor has signed,
ABX1 26 (AB 26) and ABX1 27 (AB 27) into law, and the validity of those statutes
have been challenged by petitioners in California Redevelopment Association v.
Resolution No. 11-05
Page 1 of 4
Matosantos, Case No. S194861, as violating the State Constitution and other
laws; and
E. On August 11, 2011, the California Supreme Court issued a partial stay
in Case No. S194861, staying Chapter 6, Statutes 2011, First Extraordinary
Session (Assembly Bill No. 27 X1) in its entirety and staying Chapter 5, Statutes
2011, First Extraordinary Session (Assembly Bill No. 26 X1), except that the
request to stay Division 24, Part 1.8 of the Health and Safety Code (Health &
Safety Code, §§ 34161-34167) was denied; and
F. On August 17, 2011, the California Supreme Court modified its partial stay
in Case No. S194861 by, among other things, staying Chapter 5, Statutes 2011,
First Extraordinary Session (Assembly Bill No. 26 X1), except that the denial of
the request to stay Division 24, Part 1.8 of the Health and Safety Code was
clarified to include Health & Safety Code §§ 34161-34169.5; and
G. Section 34167(d) of Part 1.8 of the Redevelopment Law defines an
"enforceable obligation" for purposes of Part 1.8, and Section 34167(f) of the
Redevelopment Law provides that nothing in Part 1.8 shall be construed to
interfere with the Agency's authority to perform "enforceable obligations" as
defined therein, including making payments due; and
H. Section 34167(h) of the Redevelopment Law provides that the Agency
may not make a payment unless it is listed in an adopted enforceable obligation
payment schedule, other than payments required to meet obligations with
respect to bonded indebtedness; and
I. The Agency on August 24, 2011 with adoption of Resolution No. 11-03
previously adopted an Enforceable Obligation Payment Schedule ("Original
EOPS") which set forth all of the obligations which the Agency had determined
were enforceable obligations under Section 34167(d) of the Redevelopment Law
at the time, and subsequently the Agency has determined the necessity for
modifying the schedule since discovery that certain enforceable obligations were
not included on the Original Schedule; and
J. The Agency has prepared a Revised Enforceable Obligation Payment
Schedule ("Revised EOPS"), which is attached as Exhibit A to this Resolution,
setting forth all of the obligations, as revised which the Agency has determined
are enforceable obligations under Section 34167(d) of the Redevelopment Law;
and
K. The Agency does not intend, by adoption of this Resolution, to waive any
constitutional and/or legal rights by virtue of the adoption of this Resolution and,
therefore, reserves all of its rights under Laws to challenge the validity of any or
all provisions of AB 26 and AB 27 in any administrative or judicial proceeding
Resolution No. 11-05
Page 2 of 4
and/or repeal this resolution, without prejudice to the City's and the Agency's
right to perform and enforce its enforceable obligations; and
L. Under Title 14 of the California Code of Regulations, Section 15061(b)(3),
the approval of the Enforceable Obligation Payment Schedule is exempt from the
requirements of the California Environmental Quality Act ("CEQA°), in that it is
not a project as the adoption of the Enforceable Obligation Payment Schedule
will not have the potential of causing a significant environmental effdct and it can
be seen with certainty that there is no possibility that the adoption of the
Enforceable Obligation Payment Schedule will have any significant effect on the
environment; and
M. The Agency Board has reviewed and duly considered the proposed
Revised Enforceable Obligation Payment Schedule, documents, and other
written evidence presented at the meeting.
NOW, THEREFORE, THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Agency hereby finds and determines that the foregoing recitals
are true and correct.
SECTION 2. The Agency hereby approves and adopts the Revised Enforceable
Obligation Payment Schedule attached as Exhibit A.
SECTION 3. The Agency Board authorizes the Agency's Executive Director or
the Executive Director's designee to:
(1) Post the Revised Enforceable Obligation Payment Schedule on the Agency's
and City's Website.
(2) Designate an Agency representative to whom all questions related to the
Revised Enforceable Obligation Payment Schedule can be directed, which
shall be both the Assistant City Manager Christine Shingleton and Finance
Director Pamela Arends-King.
(3) Transmit the Revised Enforceable Obligation Payment Schedule to the City of
Tustin, and Tustin City Clerk for posting on the City's web -site.
(4) Transmit the Revised Enforceable Obligation Payment Schedule by mail or
electronic means to the Orange County Auditor -Controller, the State
Controller, and the State Department of Finance.
Resolution No. 11-05
Page 3 of 4
(4) Take such other actions and execute such other documents as are
appropriate to effectuate the intent of this Resolution and to implement the
Revised Enforceable Obligation Payment Schedule on behalf of the Agency.
SECTION 4. The Secretary of the Agency shall certify the adoption of this
Resolution and thenceforth and thereafter the same shall be in full force and effect.
PASSED AND ADOPTED at a special meeting of the Tustin Community
Redevelopment Agency on the 20th day of September, 2011.
JERRY AMANTE
Chairman
PAMELA STOKER
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, Secretary of the Tustin Community Redevelopment Agency, do hereby
certify that the whole number of the members of the Board of Directors of the Tustin
Community Redevelopment Agency is five; that the above and foregoing Resolution No.
11-05 was duly passed and adopted at a special meeting of the Tustin Community
Redevelopment Agency, held on the 20t�' day of September, 2011 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
Recording Secretary
Resolution No. 11-05
Page 4 of 4
Resolution 11-05
EXHIBIT A
REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Name of Redevelopment Agency: Tustin Commurb Redeveb mentA enc
Project Areaisj � WAS Tustin. Tom Center& South Contra[
REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE AS OF SEPTEMBER 20, 2011
Per AS 26 - Section 34167, 34169, and 34177 (*)
Pagel of 4
AB1X 27 - Voluntary Program Bill (Tax
City of Tustin -> State of California
As a result of the City Council passing
Estimate
7,100,000
7,100,000
_
Increment Transfer)
Ordinance #1404 (7/1912011) and
Ordinance #1405(7/19/2011 & 81212011),
the Agency is responsible for an annual
voluntary payment. The estimated
Voluntary Program Bill fee was calculated
by DoF under AB1X 27.
�4jJca18!nent5(SefNattr$rit5
p .
None
NIA
NIA
777 7 7"7777,l
"
Promissory Note between the City of
Redevelopment Agency
Agency ban of $18,881,750 to the City for
20,978,895
$
Tustin and Tustin Community
the purchase of the AA&E Property. The
Development Redevelopment Agency
payoff to the Agency will be split evenly
(12/2/2008)
between the three Project Areas.
Graffiti removal
Graffiti Cantrol Systems
Graffiti removal in the Town Center and
Estimate
55,000
55,000
3,560
4,600
4,600
4,600 4,600
$ 21,960.00
South Central Redevelopment Project
Areas
Contract for available commercial
LoopNet, Inc.
Web-based Commercial Property Search
3,500
3,500
3,500
$ 3,500.00
property search
for available retail, commercial, industrial
and other property types in Tustin
Contract for web-based business
Tools for Business Success, LLC
Web-based business assistance tools
1,140
1,140
$ _
assistance information
available on the City of Tustin website
Contract for Real Estate Data andFirst
American CoreLogic
Access to property reports, parcel maps,
3,600
3,600
300
300
300 300
$ 1,200.00
Information
grant deeds and foreclosure activity within
Contract for Property Tax Analysis IHdL Conan & Cone Itax appeal monitoring and tax increment 9,125 9,125 g _
analysis
counsel for real estate
vvocarun, Spracilin & Smartlegal counsel -public law & specialty
(Including: Stradling Yocca Carlson coancil as needed
& Rauth; Remy, Thomas, Moose &
Manley)
All Page 2 of 4
350,000
400,000
50,000
40,000
Project Name / Debt Obligation pay"
Description
Total Outstanding
TotalDueDuring
Fiscal Year
Payments by month for
Calendar Year 2011
Lease of Office Space PK It Holdco, LLC
Estimate
Debtor Obligation
54,363
Aug
4,456
Sept Oct
4,456 4,456
No� Dec
4,456 4,456
Total
S 22.280.00
Office space rent
54,363
Cooperative Agreement between the
City of Tustin
Cooperation Agreement For Paymentof
Estimate
155,500,000
26,010,260
2,160,000
2,160,000
2,16M00
2,160,000
2,160,000
$ 10,800,000.00
City and Redevelopment Agency
Costs Associated with Certain RDA funded
(2/1 /2011)(See Attachment No 1)
Capital Improvements, Public
Improvements, Affordable Housing Projects
and Administrative Program Support
Services (The Schedule of Projects,
Payment Schedule and Performance
Schedule is attached -Attachment Na, 1)
City Treasurer
City Treasurer
management of Agency's invested monies
32.600.00
32,600.00
2,717.00
2,717.00
2,717.00
2,717.00
2,717.00
$ 13,585.00
Direct Administrative Charge (including
Employees of City funded by the
Payroll for employees & various venaors as
Estimate
850,038.00
850,038.00
68,937.00
68,937.00
68,937,00
68,937.00
68,937.00
$ 344,685.00
Salary and Benefits of employees
Agency that perform Agency activities
needed for direct administrative operations
funded by the Agency and
& various vendors as needed for
administrative costs)
direct administrative operations
Adopted City/Agency Budget for
City of Tustin
Annual indirect costs of supporting the
2,711,500
2,711,500
2,711,500
$ 2,711,500.00
Reimbursement of City Support Costs
Agency by other City departments for
(indirect overhead costs for
administration and operations
administration and operations)
Bank Analysis Fees
Bank of America
Fees Charged by bank for transactions
Estimate
48,000
48,000
4,000
4,000
4,000
4,000
4,000
$ 20,000.00
Property Insurance
Califomia Insurance Pool Authority
Property insurance premiums
10,000
10,000
$ -
Payment in Lieu of Taxes Agreement -
City of Tustin
Agency mentors to insure receipt of annual
TBD
UNK
$ _
Flanders Pointe (10/1/1999)
payment
Payment in Lieu of Taxes Agreement -
City of Tustin
Agency monitors to insure receipt of annual
TBD
UNK
$ _
Orange Gardens (8/13/1998)
payment
Olson DDAlArbor Walk
Redevelopment Agency
Monitoring of Affordable Housing
TBD
UNK
$ _
Covenants
Heritage Place DDA (4/11/02)
Redevelopment Agency
Agency monitors affordability and the
TBD
UNK
$ -
residual receipt payment
Newport Avenue Apartments (1119/10)
Redevelopment Agency
Rental properties were sold by Agency to
TBD
UNK
$ _
the City. As part of the agreement, the City
agreed to continue to engage the Agency
as the property manager.
Totals - This Page
442,649,999
42,925,483
3,594,456
2,338,310
2,335,010
2,335.010
8,492,752
$ 19,095,538.00
Totals - South Central
41,562,619
242,000
0
22,500
30,5001
20,500
94,000
$ 94,000.00
Totals - MCAS Tustin
137,980,301
41,336,809 1
1,868,6351
987,220
3,228,920 1
3228,920
12,542,615
S 12,542,615.00
Page 3 of 4
otals - Town Center 12,716,088 1,756,601 0 15,300 11,530
otals - Other 161,271,999 2,450,096 0 0 0
Grand total - All Pages 11 q. no n" U no. 1 1 — — .1�
This Enforceable Obligation Payment Schedule (EOPS) is to be adopted by the redevelopment agency no later than August 29, 2011, it is valid through 12131111. If the California State Supreme Court upholds ABIX 27 and given the
fact the City Council has adopted Continuing Ordinances #1404 & #1405, this EOPS will not be valid.
Include only payments to be made after the adoption of the EOPS.
All monthly payments shown as estimated
Page 4 of 4
Name of Redevelopment Agency: Tustin Communi Red—1 ment A nc
Project Ama(s) Tomn Center
REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE AS OF SEPTEMBER 20, 2011
Per AB 26 - Section 34167, 34169, and 34177 (`)
T—Certer Page 1 of 1
Name of Redevelopment Agency: Tustin Community Redevelopment A enc
Project Areas)
REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE AS OF SEPTEMBER 20, 2011
Per AS 26 - Section 34167, 34169, and 34177 (`)
SouthCentral
Page 1 of 2
... •.
'Project Name I tion
Total Outstanding
.- .
t
.:
(1) Bonds
Payee
Description
Estimate Obligation Fiscal Year
Aug
Sept
Oct No� Doc
Total
ne
N/A
N/A
$
Loans Of Money$ borrowed by Agency
F
South Central Project Area Loan
City of Tustin
Project purposes loan. Amount is
4,650,000
$
derived from Appendix D of the fourth
Five -Year Implementation Plan of the
South CentraVTown Center Project
Areas as adopted on October 5, 2010.
Continuation of Loan to Agency on
Administrative Agreement adopted by
Council or. September 7, 2010. The
amount was originally loaned to the
Agency on September 2, 2008. Prior
loans to the Agency were for differing
amounts as needed by project area.
Public Works AgreementlSouth Central
City of Tustin
Original Loan amount to the Agency in
36,646,619
$
Redevelopment Project (6/7/1993)
1993 was $33,500,000 for the Newport
Avenue Extension (Newport Underpass)
to Edinger Avenue. The interest rate is
.5%.
Newport kv./SR55 NB Ramp Reconfiguration
Psomas Engineering
Mapping and survey services
Estimate
15,000
15,000
2,500
2,500
$ 2,500 $ 2,500
$ 10,000
Newport Av./SR55 NB Ramp Reconfiguration
First American Title
Preparation of title documentation
Estimate
4,500
4,500
1,500
1,500
$ 1,500 $ 1,500
$ 6,000
Insurance Company
Newport AvJSR55 NB Ramp Reconfiguration
AndersonPenna
Program management services
Estimate
4,000
4,000
500
500
$ 500 $ 500
$ 2,000
Newport Av./SR55 NB Ramp Reconfiguration
Coast Surveying
Survey/Plan check services
Estimate
4,500
4,500
1,000
1,000
$ 1,000 $ 1,000
$ 4,000
Newport Av, Extension, N/O Edinger Av.
Dokken Engineering
Final design services
Estimate
100,000
100,000
10,OD0
10,000
$ 10,000 $ 10,000
S 40,000
Newport Av. Extension, N/O Edinger A,
Nuvis
Landscape design services
Estimate
30,000
30,000
4,000
4,000
$ 4,000 $ 4,000
$ 16,000
Newport Av. Extension, N/O Edinger Av.
County of Orange
Plan check services
Estimate
25,000
25,000
5,000
$ 5,000
(OCFCD)
Newport Av. Extension, N/O Edinger Av.
Morrow Management
Dry Utility design and coordination
services
Estimate
20,000
20,000
500
500
$ 500 $ 500
$ 2,000
Newport Av. Extension, N/O Edinger A,
AndersonPenna
Program management services
Estimate
10,000
10,000
500
500
$ 500 $ 500
$ 2,000
SouthCentral
Page 1 of 2
SouthCentmi Page 2 of 2
Project Name I Debt Obligation
Newport Av. Extension, N/O Edinger Av.
Pay.e
Southern California
Description
Plan check services
Estimate
Estimate
Total Outstanding
Debt or
Obligation
25,000
Total Due During
25,000
Payments by month for Calendar Year
5,000
2011
$ 5,000
Regional Rail Authority
SCRRA
(3) Payments Required by the federal gov4,r,
preeil1r, ing obligations to the slate or obligations
Imposed by law .:
Memorandum of Understanding with Orange County
Orange County Water
Tax share agreement (pre -AB 1290)
28,000
4,0002
$ 2,000
Water District (Section 33401 Payment; 3/20/1985)
District
Memorandum of Understanding with Tustin Unified
Tustin Unified School
Tax share agreement pre -1290; no
unknown
TBD
unknown
$ _
School District (Section 33401 Payment; 9/13/1985)
District
payments have been made to date and
payment since is not been triggered until
debt is retired for South Central Capital
projects.
Memorandum of Understanding with Saddleback
Saddleback Community
Tax share agreement pre AS 1290; no
unknown
TBD
unknown
$ -
Community College District (Section 33401 Payment;
College District
payments have been made to date since
9113/1985)
payment is not been triggered until debt
is retired for South Central Capital
projects.
(4) Judgments/Settlements
None
NIA
N/A
$
(5) Any legally binding and enforceable agreement
'
None
N/A
N/A
$ _
(S) Agreements & Contracts necessary for the
administration or operation of agency
None
N/A
N/A
$ _
Totals - This Page
$ 41,562,619
$ 242,000
0
22,500
30,500 $ 20,500
$ 20,500
$ 94,000
* This Enforceable Obligation Payment Schedule (EOPS) is to be adopted by the redevelopment agency no later than August 29, 2011. It is valid through 12/31111. If the California State Supreme Court upholds ABIX 27 and
given the fact the City Council has adopted Continuing Ordinances #1404 & #1405, this EOPS will not be valid.
** Include only payments to be made after the adoption of the EOPS.
`** All monthly payments shown as estimated
SouthCentmi Page 2 of 2
Tustin Community
Name of Redevelopment Agency: Redevelopment A enc
Project Area(s) MCAS Tustin
REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE AS OF SEPTEMBER 20, 2011
Per AB 26 - Section 34167, 34169, and 34177 (*)
WAS Tustin
Page 1 of 4
Total
Outstanding Total Due
Debt or .
r
Project Name I Debt Obligation Payee Description Estimate
Obligation Year Aug-
Sept Oct Ncry Dec Total
- f
llocation Bonds -MCAS Tustin. Series
The Bank of New York
Bond issue to fund n on -housing
83,384,751
2,282,532
1 655,744
$ 1,655,744.00
[Fiscal
Mellon
protects
Agent Fees - TA Bond 2010
The Bank of New York
administration of bond activities
Estimate
3,300
3,300
3,300
$ 3,300.00
Mellon
nuing disclosure services
Redman, Rolapp &
Continuing disclosure services for 2010
1,350
1,350
$ _
Associates, Inc
MCAS bonds
Employee responsible for overseeing design
Ken Nishikawa
Tustin Legacy Development Manager
173,750
173,750
14,479
14,479
14,479
14,479 $ 57,916.00
and construction of backbone infrastructure
(oversighting bond projects)
implementation (salary and benefits)
Contract for Environmental Services
Pacific States
Construction of Tustin Ranch Road
Estimate
221,585
161,585
30,000
30.000
30,000
30,000
30,000 $ 150,000.00
(11/16/2010)
Phase 1 Grading & Storm Drain
Contract for Mitigation Services (12/07/2010)
Vista Environmental
Tustin Ranch Road - Homeowner
Estimate
9,828
9,828
$ _
Mitigation Assessments
Homeowner Agreement Memorandum -
Various Homeowners
Noise mitigation related to Tustin
Estimate
147,425
147,425
$ _
Noise Mitigation
Ranch Road project
Real Property Acquisition for Tustin Ranch
Homeowners
Acquisition of properties located at
671,450
671,450
$ _
Road
2472 Walnut Ave, 14471 Chambers
Road, and 2472 Chambers Road
Contract for Engineering & Planning
RBF Consulting
WAS Tustin Infrastructure Design
Estimate 1,426,500
924,500
$ _
(08/08/2010)
Services
Contract for GeoTech Services (09/07/2010)
NMG
Construction of Tustin Ranch Road
Estimate 345,708
246,708
$ _
Phase 1 Grading & Storm Drain
Contract for Engineering Services
Hunsaker & Associates
MCAS Tustin Infrastructure Design
Estimate 605,950
283,450
83,450
$ 83,450.00
(09/07/2010)
Services
Contract for Environmental Services
Vandermost Consulting
Regulatory Agency consulting
Estimate 20,000
20,000
$ -
(11/02/2010)
Contract for Archeological & Paleontological
Paleo Solutions, Inc
Archeological & Paleontological
Estimate 28,530
25,530
$ _
Services (7/19/2011)
compliance and monitoring for TRR
Contract for Engineering Services
Moffatt & Nichol Engineers
To provide engineerings services for
Estimate 30,000
30,000
$ _
Bridges, Strucutres, Rail, & Transit
projects
Contract for Engineering Services
Hartzog & Crabill, Inc.
Traffic engineering servicesEstimate
30,000
30,000
$ _
WAS Tustin
Page 1 of 4
MCAS Tustin
Contract for Engineering Services
DSL Consulting, Inc.
Provide services forhydrology,
Estimate
30,000
30,000
5,000
5,000
5,000
5,000
5,000
S _
(09/07/2010)
hydraulics, street, mapping, and
Contract for Engineering & Planning
RBF Consulting
landscape
Estimate
90,000
90,000
$ _
Contract for Construction Management
Parsons Transportation
Construction management for Tustin
Estimate
1,882,075
1,882,075
20,000
100,000
100,000
100,000
100,000
$ 420,000.00
(05/03/2011)
Group
Ranch Road (Phase 1 and 2)
75,000
75,000
5,000
5,000
5,000
5,000
5,000
$ 25,000.00
Contract for Tustin Ranch Road Construction
Sandoval Pipeline
Construction of Tustin Ranch Road
Estimate
12,623,788
12,623,788
0
750,000
3,000,000
3,000,000
3,000,000
$ 9,750,000.00
- Phase 1 (08/02/2011)
Engineering
Phase 1 (Grading & Storm Drain)
Estimate
216,500
216,500
20,000
20,000
20,000
20,000
$ 80,000.00
Contract for Tustin Ranch Road Construction
TBD
Construction of Tustin Ranch Road
Estimate
34,500,000
20,000,000
$ -
- Phase 2
John Bums Real Estate
Phase 2 (roadway and bridge)
Estimate
29,400
29,400
$ _
Capital Projects- TA Bond 2010 (See
TBD
capital projects associated with
See
S -
Attachment No. 2)
The Concord Group
construction of infrastructure and
Attachment
42,000
42,000
$ _
facilities as listed in the Official
No. 2 -
Statement for TA Bond 2010
estimated
costs
N/A
Plan Check Fees County of Orangesubdivision mapping fees
with MCAS Tustin
$ - 1
Page 2 of 4
implementation r1lan an ra egysoma
e
75,000
5,000
5,000
5,000
5,000
5,000
$ 25,000.00
(09/07/2010)
Contract for Engineering & Planning
RBF Consulting
Plan check and tract map services
Estimate
90,000
90,000
$ _
(08/08/2010)
Contract for Planning Services (09/0712010)
SMS Architects
Implementation Plan and Strategy
75,000
75,000
5,000
5,000
5,000
5,000
5,000
$ 25,000.00
Estimate
Contract for Engineering Services
Hunsaker & Associates
Disposition Strategy & mapping
Estimate
216,500
216,500
20,000
20,000
20,000
20,000
$ 80,000.00
(09/07/2010)
services
Contract for Market Analysis (11/02/2010)
John Bums Real Estate
Implementation Plan and Strategy
Estimate
29,400
29,400
$ _
Consulting
Contract for Market Analysis (11/02/2010)
The Concord Group
Implementation Plan and Strategy
Estimate
42,000
42,000
$ _
Page 2 of 4
WAS Tustin Page 3 of 4
Total
Name I Debt Obligation
Payee Description
Estimate
Outstanding
or
DeProject
Total Due
During Fiscal
Payments
by month for Calendar Year
2011
Contract for Financial Analysis (01/04/2011)
1 David Taussig & financial advisory services associated
Estimate
Obligation
47,500
Year
47,500
Aug
Sept
Oct Nov
Dec
Totalbt
$ _
Associates with determining distribution of
assessments associated with
background infrastructure costs
Contract for Design Services
Field Paoli Architects
Review of proposed design
Estimate
100,000
100,000
$ _
Newport/SR-55 Gateway Master plan &
RBF Consulting
Preparation of Gateway Master plan
Estimate
125,979
68,206
$ _
landscape Improvements
and design of landscape improvements
Contract for Engineering Mapping Services
Psomas
preparation of maps at MCAS Tustin
Estimate
125,000
125,000
$ _
(07/15/2005)
Website Hosting Agreement (12/8/2010)
Commpro, LLC
Website hosting for the MCAS Tustin
1,800
1,800
150
150
150
150
150
$ 750.00
website
Contract for fence repair (6/18/2008)
National Construction
Fence repairs as needed at MCAS
Estimate
10,000
10,000
S -
Rental, Inc
Tustin
Developer Selection Process, Expert Panel
Various (18 panelists)
Stipend/Honorarium for service of
Estimate
18,000
18,000
$ _
Stipends
development professional on a Panel
Contract for fence rental (10/5/2010)
National Construction
fence rental at MCAS Tustin
Estimate
1,400
1,400
$ _
Rental. Inc
t
x 1 a
is a t-,
,� s }: `.« a
s
.: t
t :
r..
J:.:
y r,
P' ice. t
c.
S A ..
y: £*
r f
b
t.< ; Y
r �. s..
e`
x: >g t.
�a1� k I.....
�xsf f �.. { K'S,,
Iwo. �:, � i E `-'t �
^:�,
t
s} `.
ftJ
n,':
� ;•2m', gym{'
a1 JI
Y: ,.
<� 2 "�, N d'.<<i5<I Y, .
E'Ei.`'. ^" :: -,YI,,. J`'" i'...._'15
,.;w
k. ,.,."T
:a r
_..fib.
r..c '�'' r.+.-: >
....;'
.cE. ..r...'r(f %✓. .p ,,..t
i``i X
< fl, <:
s�
,.}
d ,n, �
wt }iYt
2 .
A ? t
:" _
,.3 .,
is
J , <:.
s--;. I,
.�
,7=' „, - ' t .1
C{-, d. .
-J':' Kf1
sJ
.F i
4
,
Contract for Maintenance & Erosion Control
So Cal Sandbags
Maintenance of undeveloped portions
Estimate
547,524
547,524
48,357
48,357
48,357
48,357 48,357
$ 241,785.00
including erosion control
Contract for Maintenance of undeveloped
Spectrum Landscaping
Maintenance of undeveloped land
71,208
71,208
5,934
5,934
5,934
5,934 5,934
$ 29,670.00
properties
Special Legal Counsel for MCAS Tustin
Cappello and Noel LLP
Legal services associated with
Estimate
150,000
150,000
$ _
potential litigation opposing liens filed
on property within MCAS Tustin
Special Legal Counsel for MCAS Tustin
Kutak Rock.
Legal Services for Environmental
Estimate
110,000110,000
15,000
5,000
$ 20,000.00
Issues and interface with federal
agencies impacting MCAS Tustin
including the US Navy
MCAS Tustin Newsletter
Studio 360
Layout, printing and distribution of bi-
Estimate
8,000
8,000
$ _
annual newsletter publication.
Coventry Court Regulatory Agreement &
Redevelopment Agency
Agency monitors affordability receipt of
TBD
UNK
$ -
Declaration of Restrictive Covenants and
payment in lieu of taxes
Supplemental Regulatory Agreement
(9/30/2010)
Totals - This Page
137,980,301
41,336,809
1,868,635
987,220
3.228.920
3,228,920 3,228,920
$ 12,542,615.00
WAS Tustin Page 3 of 4
This Enforceable Obligation Payment Schedule (EOPS) is to be adopted by the redevelopment agency no later than August 29, 2011. It is valid through 12/31111. If the California State Supreme Court upholds
31X 27 and given the fact the City Council has adopted Continuing Ordinances #1404 & #1405, this EOPS will not be valid.
Include only payments to be made after the adoption of the EOPS.
' All monthly payments shown as estimated
MCAS Tustin Page 4 of 4
Tustin Community
Name of Redevelopment Agency: Redevelopment Agency
Project Areas)
REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE AS OF SEPTEMBER 20, 2011
Per AB 26 • Section 34167, 34169, and 34177 (`)
Total Outstanding
Project Name I Debt Obligation Payee D-cripti.n Einfinnoto Debt or Obligation
y'` aT x %.tF
,. (ream.. +( fe` NE
�fx.,C.r4:.�a .tS fr'}1 1i4.„`ir^:tn''''..r.f„:
Cty of Tustin City of T—ir, pass Ihni payments per AS 1290 5,040,723
Total Due
During Fiscal
Year Aug
3, `t x ! 7
76,580
Payments
Sept
6 _tx.
by month for Calendar Year
Oct N-
f 7= } 7,; E: r
2011
Dec Total
i1' 3`*•°„ 7 '�`
u
$ -
Tustin Unified School District (TUSD) TJSD
pass thru payments per AB 1290
58,6311860
858,850
$ -
Santa Ana Unified School Distret (SAUSD) SAUSD
pass thru payments per A8 1290
2.644,380
40,174
$
Irvine Untried Setrool District(IUSO) IJSD
pass thru payments per AS 1290
43344,635
658,506
$ -
S-th Orange County Corn n n ty College District (SOCCCD) SOCCCD
pass thru payments per AS 1290
21,465,48E
326,111
$ -
Rancho Santiago Community College Otstrict (RSCCD) RSCCD
pass thra payments per AB 1290
581,386
8,833
S-
Orange County Water District (OCWD) CCWD
pass th, payments per AD 1290
1,590,627
24,165
$ -
Orange County Transit Authortty(OCTA) OCTA
pass thru paymerts par AS 1290
SAA.294
8,269
$ -
Orange County Sari*.tion Dlstrict (OCSD) OCSD
pass thru payme— per AB 1290
3,180,448
48,318
$ -
Orange County Library District ounty, of Orange
pass tnru payments per AS 1290
3,234,474
49,139
$ -
Orange County Departments- Education County of orange
pass thru payments per AS 1290
4,048,576
61.507
$
Counry, of Orange County of Orange
pass Ihru payments per AS 1290
11,950,912 18`,562
$ -
Orange County Flood Control District Cnuniy of Orange
pass thru payments per AS 1290
3.835,858 58,276
$ -
Orarge Courty Harbors, Beaches, & Parks County of O"nge
pa -hru payments per AS 1290
2,965,150 45,048
$ -
Orange County Vector Contrei District Courty of Orange
I.
pass ihru payments per Ata 1290
216,911 3,295
3 -
Orange County Cemetery Distdct(OCCD) OCCD
pass thru paymants per AB 1290
96.279 1,463
$ -
$
Totals - This Pace
1161,271,999 2,450,096
0 0 Q
01 0$
' This Enforceable Obligation Payment Schedule (SOPS) Is to be adopted by the redevelopment agency no later than August 29, 2011. It is valid through 12131111. If the California State Supreme Court upholds ABiX 27 and given
the fact the City Council has adopted Continuing Ordinances #1404 & #1405, this SOPS will not be valid.
"Include only payments to be made after the adoption of the EOPS.
"All month) ents shown as estimated
Other Page 10 of 10
Attachment 1 to Exhibit A of Resolution No. 11-054
To Initial Recognized Obligation Payment Schedule
Cooperation Agreement: Implementation Plan Schedule of Projects, Payment Schedule and Performance Schedule
SOUTH
FOURTH VIVE-YEAR
NON -HOUSING PROGRAMS
CENTRAL REDEVELOPMENT
NON -HOUSING &
•
Yr.l
2010/11
a
PROGRAMSUSE OF FUNDS
HOUSING
Yr.2 Yr.3
2011/12 2012/13
Yr.4
2013/14
Yr.5
2014/15
TOTAL
Neighborhood Improvement
$188,750
$200,000
$3,970,000
$3,100,000
$1.220,000;
S3,678,750
Economic Development
$47,000
51,000,000
$2,000,000
$2,000,000
51,000,000!
$6,G47,000
Public Infrastructure &Community Facilities
$626,755
$91000,000
$4,950,000
$610,000
55oomol
$15,686,75
Administrative Program &Direct Costs$223,325
$299,540
$314,515
$330,240
$346,750;
$1,514,37
Administrative Indirect Costs
$312,200
$1,081,000
$1,157,300
$729,200
5429,900;
$3,709, 600
TOTAL NON -HOUSING PROGRAMS
$1,398,030
$11,580,S40
$12,391,815
$6,769,440
$3,496,650; $35,636,475
HOUSING PROGRAMS 2
Preservation of At -Risk Housing
TBD
TBD'
TBD'
TOD'
TBD':
TBD'
Rehabilitation
$93,000
$125,000
$175,000
$175,000
$175,000;
$743,
New Housing Construction
Neighborhoods of Tustin Town Center
Planning/Zoning
$72,(00
TBD'
TBD'
TBD `
TBD';
$72,00
Ownership Multifamily New Construction
$0
TBD'
TBD'
TBO'
TBD':
$0
Multifamily Rental New
Construction/Acquisition and
Rehabilitation
$0
TBD `
TBD'
TBD'
TBD'!
ep
Tustin Legacy New Construction
$0
$1,000,000
$1,000,000
TBD
TBD!
$2,000, DW
First Time Homebuyers
$0
$150,000
5250,000
$250.000
$250,000!
$900, 000
Homeless Assistance(CDBG-funded)$0
$0
$0
$0
$pi
g
Administrative & Operating Expenses
$104,700
$125,000
$145,000
$165,000
$170,0001
$709,7 00
TOTAL HOUSING PROGRAMS
$269,700
$1,400,000
$1,570,000
$590,0(10
$595,0001
$4,424,700
REQUIRED AGENCY PAYMENT'
151,667,730) ($12,980,540)
($13,961,8151
(57,359.440)
($4,091,650)1 ($40,061,175)
' TOD - To Be Determined: Based on actual costs and will be additional draws
against the distribution of redevelopmenttax increment as costs
are incurred. Any and all balances remaining from prior years will be reallocated to projects in which funding for commited is
required.
projects
: Program activities and projects outlined on the table are described
in more detail in the Project Area's
most current Five -Year
Implementation Plan, which is incorporated herein as though fully set forth.
TOWN
CENTER REDEVELOPMENT
USEOFFUNDS
PROJECT AREA
FOURTH FIVE-YEAR IMPLEMENTATION
PROJECTS,
& EXPENDITURES
Yr.1
PLAN - IOWN
Yr.2
CENTER & SOUTH
Yr.3
CENTRAL
Yr.4
Yr.5
• • " •
2010/11
2011/12
2012/13
2013/14
2014/15 I
TOTAL
$111,750
$550,000
$500,000
$500,000
$1,150,000:
$2,811,75
Neighborhood Improvement
Economic Development
$32,000
$1,000,000
$2,000,000
$1,000,000
$500,0007
$4,532,000
Public Infrastructure & Community Facilities
$169,350
$300,000
$i,500,000
$2,000,000
$500,0005
$4,469,35
Administrative Program & Direct Costs
$434,022
5200,000
$210,000
$225,000
$236,2505
$1,305,27
Administrative Indirect Costs
$374,200
$493,900
$766,000
$629,100
$457,0007
$2,720,200
TOTAL NON -HOUSING PROGRAMS
$1,121,322
$2543,900
$4,976,000
$4,354,100
$2,843,250;
$15,838,572
HOUSING
Preservation of At Risk Housing
$0
$1,000,000
$1,000,000
$0
$0',
$2,000,000
Rehabilitation
$29,000
$40,000
$40,000
$40,000
$40,0001
$289,000
New Housing Construction
Neighborhoods of Tustin Town Center
Planning/Zoning
$9.000
TBD:
TBD'
TBD'
TBD'!
$9,000
Ownership Multifamily New Construction
$0
TBD
TBD'
TBD'
TBD 'S
$
Multifamily Rental New
Construction/Acquisition and Rehabilitation
$0
TBD'
TBD'
TBD'
TBD'j
$
Tustin Legacy New Construction
50
$1,D00,000
$1,000,000
$1,000,000
TBD':
$3,000,000
First Time Homebuyer
$0
$501000
$50,000
$50,000
$501000;
$200,000
Homeless Assistance
$10,000
$10,000
510,000
$10,000
$10,000:
$50,
Administrative & Operating Expenses
$93,450
$105,000
$130,000
$150,000
$170,0001
$648,45
TOTAL HOUSING PROGRAMS
$141,450
$2,205,000
$2,230,000
$1,250,000
$270,0001
$6,096,450
REQUIRED AGENCY PAYMENT'
($1,262,772)
($4,748,900(
(57,206,000)
($5,604,1001
($3,113,250)i
($21,935,022)
'TBO - To Be Determined: Based on actual costs and will be additional draws against the distribution of redevelopment tax Increment as
costs are incurred. Any and all balances remaining from prior years will be reallocated to projects in which funding for commuted projects is
required.
' Program activities and projects outlined on the table are described in more detail in the Project
Area's most
current Five -Year
Implementation Pian, which is incorporated herein as though fully set forth.
mm���
W.1
M49 m
2010/11
ml
ml 13 i
TOTAL
1 AcquMeWe, Dypbetion,WD4WopMyist CooykblHn
37,095
39,940
40,690
20,445
610001
143,360
Vaftar/Ipmt4 Tustit. ITAe Diltran at Tustin Le9acYj
Twun 149ary CananwhY PHfier!
Sa5,00
740,000
345,54S
557,994
205,536 1
2.234,075
WL Names (Tustin Field I &W Ief
SAW
S,OOp
Lennar(LYon(The Willa. 0 Celumous)
15,000
35,000
7S(
5,000
2,50015,660
Nawppn EsGnskn
10,0m,00C
30,000,000
20,04,000
Sol-t-Pmtat9. 18acre ate
40,000
1500450=0
25,000
25,04
290)00
Interim Latins Intl LicensiiiE
7,54
7,500
7Sm
7,500
7.5(I
37,54
Parini Acoubhipn e[ti d8 ae-rated LIFOC percive
50.64
50,600
50,64
25,000
21,500 j
199,300
Media -^M*Rbi, DisPowee, aM D4allopsneM Caordastbn
10,540385
11)02)40
502,035
640,939
259,0361
22,944,23S
ft*k 1mPmwlrNMs and fasilm-
GanerslOwrsyht
413,510
1,461,475
1,264,070
1,052,226
500,04
x,691,283
Tush. Ranch Rwtl1,106,391
vakneiiJAtmrtron4
25,000
-
25.04
The O-4t M Tiahn Legacy lnftaitrvetut
10,000,04
20.000,04
-30.04=00
RW NiIIAwnw Malian lmprowments
2,500.000
Tustin Legacy Park 2a acre CAmmuMty p.M
-
3,557,765
-
-
'
3557,765
Tobe-PVWk lbprd9--sad F.Ilites
14,064,701
23=19,240
1,264=70
1)52,226
5W,
39,960,939
3 Demeetbmltsik ClWwt
.Ste Prcparatbn and Da_ftM
180.000
50.04
50.00
50.04
5040:
380000
Tobl.t»mWiGen/SHe aetrrKt
I o,=
So.40
50,000
SO,o4
50,000:
311D.000
4 tsonomk Deeelopmem
i
BusaWss Atha'tion, Gtwth am Rebntion Pro6ram
177,920
127,920
327,920
127,920
127, 2C
639,64
lAMSPA Pramotbn std Mmaotin4"mm
50,04
SO,om
50=00
500W
50,04;
250.40
Tobi-6xanank OewippmeM
177,920
177,920
177,920
177,920
177,920;
969,600
$ EAWronmaMW
Specul Rd.,.. M--M
30)4
30.000
301(0
30.40
30.000 '
50
3000
tegais.M ,
25.04
25=00
25=4
25,40
25,401
525,40
Total-Em4rpuneMal
53)0
SS,4o
55=00
SS=4
55,001
27SAM
6 Admin prwam i Mdkctes
i
AdmMutrative Pies-Costs
$ ]50,00 5
1.000,04 S
1,250)4 $
1,54,40 $
1?50,40
6,250,000
O-Jwadll rd-C-
$ µ5,p4 $
900,000 $
1,O4,O)c $
1.14.04 $
1.24)41
4,745,04
Total -Adal Prat-A iRdbtttf
1,395,000
1.80.04
2,250,04
2,64,04
2,950,041
10,995,94
TOTAL NON-HWLNG PROGRAMS
S 26,392006 S
TBD I
36,1K2010 3
TBD I
4,299=25
TBD'
4 SS76=67 $
TBD'
1,991,1561$
TBD';
757=74
TBC'
Tu3tM 148a[T-OWnetsMp
TiasOn Legacy -RMtsi
TBD'
TBD i
TBD'
TSD,
TBD'%
Teo'
Fk¢t Tlme HomtbwVv MFW!( FW tkKure NeWifted Purchase
k
SWODO
$D
$80,060
$0!
$160,000
NomelMs Assista m(CDK-funded)
K
$p
so
$0
$D1
so
Reimbursement A6reemeni
$3,292.743
$3,292,743
$3,292,743
$3,292,743
$3,292,7431
$:6,463,715
AmMdtd Reimburstment 20 CRY
TBD'
TBD'
TBD'
TBD'
T80';
TBD'
Adminbtrative i IndVect E set
$187,799
S274,37
530:,609
$331990
$343 609;
$1,439,579
TOTAL HOUSING PROGRAMS
$3,460,58
$3,647,115
$3,594,55
$3.704,733
$3,636.35
$18,063,294
REOOIREO AGENCY PAVMEMI
29,873.3481
(39,751,315!
(7,893,577)
(8.290,620
I7,618308)I
93.421,368
'M - To be OMMrmintd: 9esW a actual Costs and WWI be WdtdMtl d- -Wmt Me diserlpistion of rodMWpmeM ba en mrc , as coati art a,-d. AM and aR Wances
nmaiMty from Pd Veers We be me"cated w ProJecrs M -WO turW6p far
--VW Pnieua u
tt9uired.
' Pmtbm a4tivibed aiiI projects opdkea on Dae table art do-iced in more all m tM "ect A-'s most CYrilM
fiw-Year 1mPknlrntatfon N., Whkh
N Wdirparatoe h-I, x
fully set forth.
Supplemental Exhibit B to Attachment 1 of RDA Resolution No. 11-05
Initial Recognized Enforceable Obligation Payment Schedule
MCAS Tustin -Backbone Infrastructure Projects
Attachment 2 to Exhibit A of RDA Resolution No. 11-05
Initial Recognized Enforceable Obligation Payment Schedule
MCAS Tustin -Backbone Infrastructure Projects
ESTIMATED SOURCES AND USES OF FUNDS
The following table sets forth a summary of the estimated sources and uses of funds
associated with the issuance and sale of the Bonds.
Sources of Funds
Par Amount of Bonds
$44,170,000.00
Less: Net Original Issue Discount
(888,711.70)
Total Sources
$43,281,288.30
Uses of Funds
Deposit to Redevelopment Fund (1)
$40,000,000.00
Deposit to Reserve Account (2)
2,827,500.00
Costs of Issuance (3)
453,788.30
Total Uses
$43,281,288.30
(1) Represents amount required to finance the 2010 Project. See "FINANCING PLAN."
(2) Represents an amount equal to the initial Reserve Account Requirement for the Bonds.
(3) Includes Underwriter's discount, fees and expenses of the Trustee, the Financial Advisor, the Fiscal Consultant,
Bond Counsel and Disclosure Counsel, printing expenses and other costs of issuance.
FINANCING PLAN
Proceeds from the sale of the Bonds will be used to (a) finance the 2010 Project, (b) fund
a reserve account for the Bonds, and (c) provide for the costs of issuing the Bonds.
The types of facilities proposed to be financed are various capital improvements within
and outside the Redevelopment Project boundaries (for which a benefit resolution shall have
been adopted by the Agency), including those that are contained in the Tustin Legacy Backbone
Infrastructure Program established by the City which accommodates much of the
environmental mitigation requirements of the Redevelopment Project, including traffic and
circulation mitigation to support the Redevelopment Project, street and roadway
improvements, including grading, paving, curbs and gutters, sidewalks, street signalization and
signage, street lights, parkway and landscaping thereto, and storm drains and flood control
channels, runoff management improvements and water quality mitigation measures, integrated
utilities backbone (including electricity, gas, telephone, cable, telecommunications, and other
dry utilities and domestic and reclaimed water and sewer facilities as permitted to be financed
from the proceeds of tax-exempt bonds), telemetry, noise mitigation expenses associated with
roadway projects, public parkland and recreation facilities, right-of-way and easements
necessary for any such facilities.
The initial priority project will be the extension of Tustin Ranch Road from Warner
Avenue on the south to Walnut Avenue on the north, including the Tustin Ranch Road bridge
and interchange at Edinger Avenue along with the integrated improvements associated with
the roadway improvement including necessary and integrated utility backbone systems.
-6-
Master Intrastructure - Backbone Improvements Cost Estimate
z
-
Description
Reach ID No.
Total Backbone
Cost June 2008
Revised
2011 Backbone
Cost
Roadway 1 Bridge Improvements
1
Kensington Park (West Connectors - (Incorporated into Iter; 7, Reach 102)
110
-
-
2
Varenna IN Valencia Loop) - Red Hill to Armstrong (Incorporated into Item 7- Reach 102)
106
-
-
3
Vatenaa IN. Valencia Loop) - Armstrong to Kensington Park (West Connector) - (Incorporated into Item 71 Reach 102)
108
-
4
Lansdowne (Incorporated into Item 7. Reach 102)
156
-
-
5
Edinger - 1400 Ft East of Redhill To East Connector ( Non.Backbone)
200
-
-
6
Armstrong - Barranra to warner
100
3,433,878
3,433,878
7
jAmnstrong - Valencia (N. Valencia Loop) to Warner (Included Item 1.2 3 8 4)
102. 106, 108,110, 156
20,825,693
211825,693
8
Bridge -Tustin Ranch - Valencia IN, Valencia Loop) to NOM end of Bridge elducling Ramp
140, 142, 202
23,582,062
23,582,062
9
Tustin Ranch Road - North end of Bridge to Walnut (Incorporated into Item 8, Reach 140)
202
-
-
9A
Tustin Ranch Road IWalnut (North East Come( Widening)
1,150,142
1,150,142
10
Severyns Road
104
731,412
731,412
11
Valencia (N. Valencia Loop) - Kensington Park to Tustin Ranch
112
1,137,113
1,137,113
12
East Connector - Valencia (N. Valencia Loop) to West end of Bridge
116, 118,120
2,810,154
2,810,154
13
Bridge East Connector over Sarna Ana Santa Fe Channel to Eclinger
204
2,132,292
2,132,292
14
Moseet - Norm Loop to west aid of Bridge
136
2,323,341
2,323,341
15
Braga - Morten over Peters Cama, channel
138
3,693,373 1
3,693,373
16
Ml ften East end or an e t, tia"ir, tin ,, srke Pam
39
1.824.052
1 824,052
:weer sn ce ialarale 1� rte , or r ro ia�rs�
341x88
341,688
16
Valencia N. Valencia Loop) - Tustin Ranch to Malted
114,122
5,795,629
5,795,629
19
Norm Loop - Muffed to Jamboree Ramp (Incorporated into Item 18, Reade 114.122)
126
-
-
20
Park (North Loop) - Warner (North) to Jamboree Ramp (Incorporated into Item 21, Reach 15 1)
130
-
21
Park (South Loop) - Warner (NOM) to Tustin Ranch
151,130
15,868,098
15,868,098
22
Warner - Reale Io Armstrong (Incorporated into Item 23, Reach 148)
146
4,584,954
4,584,954
23
1W., - Armshong to Taidi n Rands
148
5,687,480
5,687,480
24
Wanner - Tustin Ranch to Jamboree (Including Right of Way Acquisition)
134
5,148,182
5,148,182
25
Tustin Ranch - Warner (North) a Baranca
144
6,538,706
6,538,706
r . t,r r e ic• H rod j+
s
4 cb'
704,663
tersac , » i raven,,,„r,i,
Ur
-
28
Tustin Ranch - Valencia (N- Valencia Loop) to Warner Norm (Imcaporaled into Item 8, Reach 140)
142
-
29
South Loop - Tustin Ranch to Armstralg (4 Lanes)
150
2,437,685
2,437,685
30
Jamboree Ramp - Jamboree to Palo
132
522,566
522,566
31
Bananca - Tustin Ranch Rd. to Redhill
154
2,595,704
2,595,704
32
Brilliance -Jamboree to Tustin Ranch (including Right W Way Aqusdion)
152,512
8,907,136
8,907,136
33
SCE Barranca 220kv Transmission Pole Relocations (Deleted)
208
_
_
34
East Side Redhdl - Barance to IN
160
2,070,525
2,070,525
35
East Side Redhill - Wanner to Valencia Loop
162,1228
491,684
491,684
35A East Side Redh ll - Valencia Loop to 1000' Norm (Incorporated into Item 35, Reach 162)
1228
-
-
35B
SHIPPO Study
Estimate
133,500
133,500
35C Sound Mitigation - Warner from Harvard to Culver
TOTAL
Estimate
1,494,002
126,965,715
1,494,002
126,965,715
Traffic Signals
36
Edinger 1 Kensington Park (West Connector) (New) (Incorporated into Item 7, Reach 102)
110A
37
Edinger I East Connector (Upgrade)
204A
166,250
166,250
ria- ,;;;,,> glee=_ _, r rare,
,Y�,,
2454C0
245,400
39
Jamboree I Banana (Upgrade)
152A
288,236
288,236
40
BaranwJMilliken (New)
1526
413,074
413,074
41
Berri / Tustin Ranch (New)
154A
607,079
607,079
42
Baranca IArmstmng (Upgrade)
100A
166,250
166,250
Rerlhali i ria,U?4 n�It ail Biu '..P F'rcaec1,
-
-
45
Redhill l Warner
162A
166,250
166,250
46
Radmll 1 Valencia (New) (Incorporated into item 7, Rach 1021
1628
47
Valencia f Armstrong (New) (Incorporated into Item 7, Reach 102)
102A
48
Warner I Armstrong (New)
146A
332,500
332,500
SARDA\RDA SharerA_legalation 20111Copy of Master Backbone Infrastrudure 4-7-11 Rev 1 no resp noted.xtsx 11:23 AM, 0812 212 01 1
Master Infrastructure - Backbone Improvements Cost Estimate
z
E
-
Description
Reach ID No.
Total Backllate
Totalst Bacune bone
Revised
201113actbone
Cost
49
Armstrong )South Loop (New)
150A
332,500
332,500
50
Warnadkea E Sheet (New) -Note: T80 per TLCP Land Flan
148A
332,500
332,500
68
Tustin Rancn i Walnut - figure 19 - TusUn Aedthan to Hems 8 & 9 (,,wide Company Contni
195,000
195,000
52
Tustin Ranch I Park South Loop) (New)
144A
301,250
301,250
53
Tustin Ranch / Warner South (Now)
1448
465,500
465,500
54
ITustin Ranch t warner North (New)
144C
265,100
265,100
54A Tusin Ranch I Warner Norm (New)
1440
172,500
172,500
55
Tustin Ranch I Molted (New)
142A
332,500
332,500
56
Tustin Rands I Valencia (New)
1426
332,500
332,500
57
Warner North I Park (North Loop)
134A
301,250
301,250
58
Park (North Loop)/Jamboree S8 Ramp (New)
130A
241,000
241,000
59
Valenod I Kensington Park (West Connector)
108A
183,087
183,087
60
Moffett / Norm Loop (New)
136A
299,250
299,250
61
kloilett I ward iUNra t iinc;rpu led wlcr Ile m o H +ch 1391
749A
-
-
62
Tustin Ranch I Ramp (New)
140A
332,500
332,500
63
Tustin Ranch I Walnut (upgrade)
202A
166,250
166,250
64
EdvgerIRamp (New)
1408
465,500
465,500
le.
-
65
Signal Interconnect System
-
65
East Connector I North Loop (New)
122A
299,250
299,250
65
Signal Interconnect System (Note costs are incorporated into rine various traffic signal budgets)
Estimate
-
-
65
Signal Controller (Noe costs are incorporated into die various "k a" budgets)
Estimate
-
-
65
Signal Controller (Note casts are ercomeraled into the vahous traffic sgnal budgets)
TOTAL
Estimate
-
7,207,476
-
7,207,476
S:1RDAIR0A Sharedl_Iegislabon 20111Copy of Master Backbone Infrastruaure 4-7-11 Rev 1 no resp noted.xlsx 11:23 AM, 0812212011
Traffic Mitigation - Santa Ana I Irvine Agreements
66
Newport I Edinger - Figure 19 - Tustin ATMS Fee Payment
56x,506
81,196
81,196
67
Redhi4l Edinger - Fig.19 - Tustin ATMS Fee Payment
506
81,196
81,196
68
Tustin Rancn i Walnut - figure 19 - TusUn Aedthan to Hems 8 & 9 (,,wide Company Contni
195,000
195,000
t9
Rennrl M40 i iaore 1 r:in2
1,70 861
7,210,593
!
A,I,Vo, �nmr ri;, �=.Ci n.;,.'
700
1.616,1125
25,783,307
82
.ratan -ii 24. ,,,
2 775,6,54
26,488,109
72
Haroen Ali, T give
520
594.051
14,283,000
72
et e0V%-mer-r;g»a;_A,-
594,051
74
Barranca I Von Kamran Supplemental Improvements (Incorporated into Item 32, Reach 152)
152
139,505
139,505
75
Banana i Jamboree Intersection Improvements (Potensial TSIA)
Estimate Share
4,482,005
1,059,432
76
Redhill I Warner (Santa Ana)
Estimate Share
2,165,220
2,165,220
77
Grand I Dyer - Santa Ana (Tuslin Share = 29%)
See Detail
1,659,061
296,090
78
Grand I Edinger - Santa Ana (Tusfin Share = 56%)
TOTAL
See Darrel
7,623,919
23,795,343
8,000,000
10,958,207
S:1RDAIR0A Sharedl_Iegislabon 20111Copy of Master Backbone Infrastruaure 4-7-11 Rev 1 no resp noted.xlsx 11:23 AM, 0812212011
Drainage Improvements
79
Peters Canyon Channel from Railroad Track to Edinger
56x,506
21,310,215
21,310,215
80
Peters Canyon Channel from Edinger to City Limit (mcoryoreled into Item 79, Reach 504)
506
-
Peters (a,011;Jnannel inion Uty' _.mlt t P �ma,xa r r v -:FU F2 rrarel
6,700 9X
8,700,900
.,..
Backbone S;orm Dr- Ove all (Vire-'a AmtStrengt
7.210,593
7,210,593
82
Backbone Storm Drain Overall (Including Interim Storm Drain Connection at Warner by RSCCD)
700
25,783,307
25,783,307
82
Backbone Storm Drain Overall (Bamanca Channel, Tustin Ranch, Park S Wamer)
26,488,109
26,488,109
83
Griming Moddcalion to eliminate Pump Station
520
14,283,000
14,283,000
BananaCharnel Detention Basin I Sports Fields at Rectal I Wamer
5W, 501
1,059,432
1,059,432
18886
Barran Charnel - Redhillto sadh of Tustin Ranch ( Not Include Irvine CIP Project)
154.152
6,788, 566
6,788,566
Santa Ana Santa Fe Channel Embankment (Incorporated into Item 13, Reach 204)
519
-
-
S:1RDAIR0A Sharedl_Iegislabon 20111Copy of Master Backbone Infrastruaure 4-7-11 Rev 1 no resp noted.xlsx 11:23 AM, 0812212011
Master Infrastructure - Backbone Improvements Cost Estimate
E
Description
P
Reach No.
Total Backbone
Revised
20118ackbone
89
1 Selenium Treatment facility Phase 1 (Backbone Facitiry)
551
Cost June 2008
4,284,900
89
Selenium Treatment Facility Phase 2 (Backbone Facility)
552
2,856,600
Cost
TOTAL
111,624,122
111,624,122
Dry Utilities
ry
Backbone Phase 1 Backbone + Contractor Charges Total (Ali Utilities) 2,602,080 2,602,080
8acitbone Phase l Backbone+ Contractor Charges Total (All U8lities) 5,653,343 5,653,343
Utility Backbone All Phases (All Uw&s) 750 11,284,280 11,284,280
TOTAL 19,539,703 19,539,703
Parks and Community Facilities
Water Quality/Mitigation Imprrovements
115 Neighborhood Park; Master Developer Area G Park 01
89
1 Selenium Treatment facility Phase 1 (Backbone Facitiry)
551
4,284,900
4,284,900
89
Selenium Treatment Facility Phase 2 (Backbone Facility)
552
2,856,600
2,856,600
90
Water Quality Treatment Systems Phase 1 (Backbone Facility)
561
2,285,280
2,285,280
90
Water Quality Treatment Systems Phase 2 (Backborie Facility)
562
571,320
571,320
91
Resources Agency Mitigation Improvements - Peters Canyon / Railroad to Edinger
590
370,033
370,033
92
Resources Agency MkQation Improvements - Peters Canyon I Edinger to City Limit
591
4,627,222
4,627,222
93
Resource Agency Mitigation Improvements - Peters Canyon! Gly Limit Io Barranca
612
-
-
94
Resources Agency Mitigation Improvements- Master Developer
1,194,342
1,194,342
93AResource Agency Mitigation Improvements - Peters Canyon I City Limit to Banana
TOTAL
-
16,189,697
-
16,189,697
Dry Utilities
ry
Backbone Phase 1 Backbone + Contractor Charges Total (Ali Utilities) 2,602,080 2,602,080
8acitbone Phase l Backbone+ Contractor Charges Total (All U8lities) 5,653,343 5,653,343
Utility Backbone All Phases (All Uw&s) 750 11,284,280 11,284,280
TOTAL 19,539,703 19,539,703
Parks and Community Facilities
115 Neighborhood Park; Master Developer Area G Park 01
600
-
.
116 Neighborhood Park Master Developer Area G Parc 02
602
4,408,203
4,408,203
117 Community Park Master Developer Area (46 Acres)
604
18,211,264
18,211,264
118 Aquatic Center in Master Developer Community Park
640
6,237,607
6,237,607
119 Tennis Center in Master Developer Community Pak
642
3,585,603
3,585,603
120 Tustin Lagacy Park; City Area ;24.5 Acres)
606
5,738,889
5,738,589
121 Linear Park; Master Developer Area G including waterway, ponds
606
122 Linea Park Master Developer Area D including waterway, ponds
610
6,989,666
6,989,666
123 Linear Park; Master Developer Area E including waterway, ponds
612
-
-
124 Other Public -owned Open Space Master Developer Area G
125 Other Public -owned Open Space Master Developer Area D
126 Other Public -armed Open Space Master Developer Area E
617
3,742,009
3,742,009
127 Pedestrian Bridge-WameriLinearPark
620
11,816,152
11,818,152
126 Pedestrian Bridge - Armstrong t Linear Park
622
4,630,000
4,830,000
129 Bridge Tustin Ranch over Linear Park Pedestrian Crossing
624
6,210,000
6,210,000
130 Legacy Arch Structures in Linear Park
626
-
131 O.C. F.A. Fire Slation - Edinger! Kensington Park (2-8ay 6000 SF)
626
5,488,855
5,488,855
132 City of Tustin Library; Tustin Civic Center
630
7,953,900
7,953,900
133 City of Irvine Public Park (Marble Mountain)
2,600,000
2,600,000
133 Community Entry Signage
690
1,325,287
1,325,287
120A Tustin Legacy Park. City Area (24.5 Acnes)
607
2,321,060
2,321,060
1208 Tustin Legacy Park. City Area (24.5 Acres)
608
4,998,480
4,998,480
S:1RDA\RDA Shared\_legislation 2011\Copy of Master Backbone Infrastructure 4-7-11 Rev 1 no rasp noted.xlsx 11:23 AM, 0 812 212 01 1
Master Infrastructure - Backbone Improvements Cost Estimate
6
Z
E Description
Total Backbone
Reach 10 No.
Revised
2011 Backbone
Cost June 2008
Cost
120C Tustin Legacy Park; City Area (24.5 Acres) - Contingency
280,044
268,044
'YA Gty if f stin _il; ary J,,,, , Cwir-Center
1,000,010d
1,000,000
1328 City of Tustin Libra y; Tustin Civic Cerner
1,082,000
1,082,000
1328 City of Tustin Library; Tustin Civic Center
2,854,000
2,854,000
133A Community Entry Signage - Valencia I Redhill - Sign Only
225,000
225,000
81A PetercCanyon! Traillmprovements
248,856
248,856
TOTAL
102,156,874
102,156,874
GRAND TOTALS
407,478,930
394,641,793
SARDAIRDA Sharedl_tegislation 20111C0py of Master Backbone InfrastruQure 4-7-11 Rev 1 no resp noted.xlsx 11:23 AM, 08!2212011