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Board of Supervisors Meeting September 13, 2011. Finance Committee Recommendations on Options for County Redevelopment Program. Report Organization. Overview of the Fiscal Challenges Overview of the new law “Opt-In” Option “Opt-Out” Option Cash Flow Analysis Findings and Recommendations.
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Board of Supervisors MeetingSeptember 13, 2011 Finance Committee Recommendations on Options for County Redevelopment Program
Report Organization • Overview of the Fiscal Challenges • Overview of the new law • “Opt-In” Option • “Opt-Out” Option • Cash Flow Analysis • Findings and Recommendations
Administration $1,838,000 Planning Pay to Others $664,547 $3,926,553 Debt Repayment Housing $8,956,000 $12,631,701 Future Debt Reserves $14,224,399 Economic Development $11,496,609 Community Improvement $3,582,095 Capital Projects $26,782,918 Agency Budget by Project Type
Fiscal Pressures • Significant drop in assessed valuation • High debt • Payments to State • Future Continuation Payments
Overview of Legislation and Litigation AB x1 26 the Dissolution Act and AB x1 27 the Voluntary Redevelopment Program Act
Dissolution Act: Suspension Immediate suspension of Agency activities; Adoption of Enforceable Obligation Payment Schedule by 8/29/11; File Statement of Indebtedness by 10/1/11; and Dissolution effective 10/1/11, unless continuation ordinance adopted
Dissolution Act: Wind-down Contracts between Agency and County invalidated; Successor Agency liquidates assets and pays off Agency’s debts; and Oversight Board created to monitor Successor Agency activities, 3 of 7 members appointed by County
Dissolution Act: Wind-down • Distribution of Property Taxes: • Statutory and Contract Pass-thrus to taxing entities • Enforceable Obligations • Administrative Fees • Taxing entities as property taxes
Dissolution Act: Wind-down Oversight Board has power to order Successor Agency to terminate or renegotiate enforceable obligations; and Oversight board has fiduciary responsibility to both holders of enforceable obligations and to taxing entities
Voluntary Redevelopment Program • Adopt continuation ordinance prior 10/1/11 • Make continuation payments to: • County ERAF- school entities • Special District Fund- fire and transportation districts
Opt-In Option • FY2011-12 Continuation Payment $5.3M • Reallocating Funds/Delaying Projects • Reducing Reserves • Deferring Payments
Opt-In Option • Ongoing annual payments $1.25M • Special Districts receiving funds: • CCFPD, Rodeo-Hercules FD • BART and AC Transit • WCCUSD, JSUSD, MDUSD, Acalanes • Community College District
Opt-Out Option • Successor Agency takes over Oct. 1. • RDA contracts with County become unenforceable obligations. • Non-Housing assets sold. • Oversight Board reviews enforceable obligations. • Funding for blight removal ends.
RDA Financial Model PFM built a financial model to help the Agency evaluate: The near-term fiscal health of its project areas given recent AV declines. The long-term impact of new state laws on net tax increment for redevelopment.
Assumptions Tax increment (TI) projections prepared by Agency’s fiscal consultant: Gross TI Revenue (assumes 2% growth and 50% reduction in Prop 8 appeals) Pass-Through Payments Housing Set Aside Bond debt service includes estimated impact of Debt Reduction Plan.
RDA Model Scenarios “Opt-In” Scenario Agency makes “Continuation Payment” and operates normally. “Opt-Out” Scenarios (Agency dissolves) No “Continuation Payments”. No housing set-aside or non-contractual obligation payments. Net TI distributed to County and other tax-sharing entities.
“Opt-Out” Scenarios:34183 vs 34188 RDA model scenarios reflect competing interpretations of AB x1 27. Section 34183: assumes normal pass-thru payments are made before net TI is distributed to County and other entities. Section 34188: assumes no pass-thru payments; all net TI is distributed. Interpretation has substantial impact on net TI funds distributed to County GF.
Tax-Sharing Entity Payments Summary Under Section 34183 special districts retain a higher proportion of net TI.
Dissolution Benefits to special districts and schools varies greatly.
Findings • Agency can afford Voluntary Program and continue to remove blight. • Opt-Out benefits to General Fund & Special Districts are not guaranteed. • Action needed now to keep Bay Point and Montalvin Manor solvent.
Recommendations • Adopt Continuation Ordinance. • Authorize continuation payments. • Authorize agreements for Statement of Indebtedness by October 1. • Authorize study to restructure RDA and update 5-year plans. • Report on progress implementing the Voluntary Redevelopment Program