HomeMy WebLinkAboutMINUTES - 01242012 - C.52RECOMMENDATION(S):
1. APPROVE and ADOPT, as required under Health and Safety Code Section 34169, the
amended Enforceable Obligation Payment Schedule (see Attachment) containing all of the
obligations which the Agency has determined are enforceable obligations under Health and
safety Code Section 34167(d).
2. AUTHORIZE the Agency's Executive Director or the Executive Director's designee to (a)
post the Enforceable Obligation Payment Schedule on the Agency and the County's
websites; (b) designate an Agency representative to whom all questions related to the
Enforceable Obligation Payment Schedule can be directed; (c) notify, by mail or electronic
means, the County Auditor-Controller, the Department of Finance, and the Controller of the
Agency's action to adopt the Enforceable Obligation Payment Schedule and to provide those
persons with an address to the Agency and County's website and a telephone number and
email contact for the Agency's designated contact; and (d) to take such other actions and
execute such other documents as are appropriate to effectuate the intent of this Resolution
and to implement the Enforceable Obligation Payment Schedule on behalf of the Agency.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 01/24/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Steven Goetz,
925-335-1240
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: January 24, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.52
To:
From:David Twa, Redevelopment Agency Executive Director
Date:January 24, 2012
Contra
Costa
County
Subject:Adopt the Amended Enforceable Obligation Payment Schedule for the Contra Costa County Redevelopment
Agency
FISCAL IMPACT:
An Enforceable Obligation Payment Schedule will permit the Agency to continue to
make payments under its existing contracts and agreements after December 29, 2011.
These obligations are secured by Agency revenue. The State Department of Finance may
review an Agency action, and such actions will not be effective for three business days,
pending a request for review by the State. If the State requests a review of a given
Agency action, the State shall have ten days from the date of its request to approve the
Agency action or return it to the Agency for reconsideration. Agency reconsideration
may include not making the payment.
BACKGROUND:
Generally the Enforceable Obligation Payment Schedule is a list of all of the Agency's
debts and obligations. When the Agency is dissolved, the Enforceable Obligation
Payment Schedule will be used to determine the distribution of property taxes after the
dissolution of the Agency. The Enforceable Obligation Payment Schedule will be
effective until a Recognized Obligation Payment Schedule is adopted by the successor
agency. The Recognized Obligation Payment Schedule is essentially the successor
agency's version of the Enforceable Obligation Payment Schedule; however, it must be
approved by an oversight board who will determine whether or not the contracts listed on
the schedule should be honored. The adoption of an Enforceable Obligations Payment
Schedule is an important step and care should be taken in preparing the schedule.
An Enforceable Obligation Payment Schedule was adopted on August 16, 2011,
identifying obligations throught December 2011. An amended Enforcable Obligation
Payment Schedule was considered by the Agency Board on January 24, 2012. This
consideration further amends the Enforceable Obligation Payment Schedule to include
payments through January 2012.
The Enforceable Obligation Payment Schedule must list all of the Agency's enforceable
obligations and must include the following information for each obligation:
• Project name associated with the obligation; • Payee; • Description of the nature of the
work, product, service, facility or other thing of value for which payment is to be made;
and • Payments the Agency is obligated to make, by month, through January 2012.
The payment schedules for issued bonds may be aggregated and the payment schedules
for payments to employees may be aggregated.
The Enforceable Obligation Payment Schedule must be adopted at a public meeting by
the Agency Board. There are no special notice requirements. Once adopted the
Enforceable Obligation Payment Schedule must be posted on the Agency's website or the
County's website. The Enforceable Obligation Payment Schedule must be transmitted to
the State Department of Finance, State Controller and County Auditor-Controller,
however, notification providing the website location of the schedule is sufficient for this
transmittal.
Under Section 34169(g)(2), the schedule may be amended at any public meeting of the
Agency. Like the adopted schedule, any amendment to the schedule must be posted on
the Agency’s web site. The Agency will be required to wait at least three business days
before making a payment under the amended schedule.
CONSEQUENCE OF NEGATIVE ACTION:
The Agency will not be able to make routine amended debt service payments or other
payments, unless the Agency Board adopts an amended Enforceable Obligation Payment
Schedule.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
Revised Enforceable Obligation Schedule