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09-20-2016 - Approval and Transmittal of an Amended Recognized - Item No. SA1 (2).pdfTO: City of West Covina Memorandum AGENDA ITEM NO SAl DATE September 20, 2016 FROM: Successor Agency Board Members Chris Freeland Executive Director BY: Christa Buhagiar Finance Director SUBJECT: APPROVAL AND TRANSMITTAL OF AN AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE "ROPS" PURSUANT TO HEAL TH AND SAFETY CODE SECTION 34177(0)(1), FOR THE PERIOD OF JANUARY 1, 2017, THROUGH JUNE 30, 2017, FOR THE SUCCESSOR AGENCY TO THE FORl\1ER WEST COVINA REDEVELOPMENT AGENCY RECOMMENDATION: It is reconunended that the City Council, acting as the Successor Agency to the fonner West Covina Redevelopment Agency, adopt the following resolutions: RESOLUTION NO. 2016-79 -A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORl\1ER WEST COVINA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE TRANSMITTAL OF AN AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE "ROPS" FOR THE PERIOD OF JANUARY 1, 2017, THROUGH JUNE 30, 2017, FOR THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOP1\1ENT AGENCY DISCUSSION: In accordance with Health and Safety Code Section 34177(0)(1), the Successor Agency is required to file a ROPS amrnally in order to receive a distribution of property tax increment dollars with which to fund the obligations of the former Redevelopment Agency. These obligations include bond debt service payments, amounts due under existing agreements with commercial property owners, repayment of amounts bonowed from the Housing Fund to fund property tax shifts mandated by the State, cost of litigation to protect assets of the fom1er Redevelopment Agency, repayment of loans to the City, and administrative costs of the Successor Agency to wind down the affairs of the fonner Redevelopment Agency. While many of these listed items are not necessarily debt, they are considered obligations for purposes of this mandated report and must be listed on this report if they are to be funded with distributions of future tax increment dollars. These items are not debt obligations of the City of West Covina. The West Covina Successor Agency submitted the approved ROPS 16-17 to the Depaitment of Finance (DOF) and on April 14, 2016, the Successor Agency received the DOF's dete1111ination letter. Pursuant to SB 107, this is the first aimual ROPS submittal. Pursuant to HSC section 34177 ( o) (1) (E), once per Recognized Obligation Payment Schedule period, and no later than October 1, a successor agency may submit one amendment to the Recognized Obligation Payment Schedule approved by the department pursuant to this subdivision, if the oversight board makes a finding that a revision is necessary for the payment of approved enforceable obligations during the second one-half of the Recognized Obligation Payment Schedule period, which shall be defined as January 1 to June 30, inclusive. The total amount of funding approved for enforceable obligations from the Redevelopment Property Tax Trust Fund (RPTTF) on ROPS 16-17 was $12,234,251 and included many of the saine items that have been previously approved by DOF. The attached Amended ROPS 16-l 7B (Attachment No. 2) includes revised numbers for the following: Item #11 -Repay County Loan -An increase of $199,356 is being requested to cover the total invoice amount due of $1 ,699,3 55.14. Staff originally estimated $1,500,000 since the past two years had not exceed that amount. Item #80 -Reimbursement for Litigation Expenses -An increase of $24,880.65 is being requested to reimburse the City of West Covina for litigation expenses incmTed during February 2012 - December 2012. Staff has been working with DOF to receive reimbursement for these expenses and DOF has informed staff to add them on approved ROPS line items to seek the reimbursement. LEGAL REVIEW: The Successor Agency Counsel has reviewed and approved this report, the resolution and the Recognized Obligation Payment Schedule. FISCAL IMPACT: The City, as Successor Agency, cannot receive or spend any funds unless the amounts are listed on a Recognized Obligation Payment Schedule. This schedule identifies all outstanding obligations that must be satisfied before the Agency can be di ssolved. The obligations listed on this schedule will receive property tax allocations distributed by the County as their funding source. Prepared by: jllPru.~ •uli~W Cfuista Buhagia Paulina Morales Finance Director Economic Development & Housing Manager ATTACHMENTS: Attachment No. 1 -Resolution No. 2016-79 Exhibit A -Amended Recognized Obligation Payment Schedule (ROPS 16-1 7B) ATTACHMENT NO. 1 RESOLUTION NO. 2016-79 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE TRANSMITTAL OF AN AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE "ROPS" FOR THE PERIOD OF JANUARY 1, 2017, THROUGH JUNE 30, 2017, FOR THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY WHEREAS, as part of the 2011-12 State budget bill, the California Legislature has enacted and the Governor has signed, companion bills AB 1 X 26 and AB 1 X 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts a resolution c01mnitting it to making certain payments; and WHEREAS, on December 29, 2011, the California Supreme Court upheld ABlX 26, which dissolved all of the redevelopment agencies in the State of California as of February 1, 2012, and struck down ABlX 27; and WHEREAS, at a meeting of January 10, 2012, the City of West Covina took action to designate itself as the Successor Agency to the fonner West Covina Redevelopment Agency; and WHEREAS, Pursuant to Health and Safety Code Section 34177 ( o) (1 ), co1m11encing with the ROPS covering the period from July 1, 2016 to June 30, 2017 and thereafter, agencies shall submit an Oversight Board approved amrnal ROPS to Finance and the County Auditor-Controller by February 1, 2016 and each February 1 thereafter; and WHEREAS, Pursuant to Health and Safety Code Section 341 77 (o) (1) (E), once per ROPS period, and no later than October 1, a successor agency may submit one amendment to the ROPS approved by the Department of Finance. WHEREAS, the West Covina City Council, acting as Successor Agency to the forn1er West Covina Redevelopment Agency, reserves the right to appeal any detennination of the California Director of Finance or other entity regarding the propriety of this resolution as well as any future detenninations; and WHEREAS, the West Covina City Council, acting as Successor Agency to the fonner West Covina Redevelopment Agency, intends to comply with the state-mandated obligations established hereunder; and WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the West Covina City Council, acting as Successor Agency to the fonner West Covina Redevelopment Agency, as follows: SECTION 1. The foregoing Recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. SECTION 2. The Amended Recognized Obligation Payment Schedule "ROPS" attached hereto as Exhibit "A" is approved and the Executive Director is authorized to submit the Amended ROPS to the Oversight Board for approval and transmit the same to the Los Angeles County Auditor-Controller, the State Controller and the State Department of Finance in accordance with Health and Safety Code Section 34177 subject to all reservations of rights and contingencies set forth above. SECTION 3. The Executive Director or designee is authorized to take all actions necessary to implement this Resolution, including without limitation, the posting of this Resolution and the Recognized Obligation Payment Schedule on the City's website, and the provision of notice of adoption of this Resolution and such Schedule to the County Auditor-Controller, the State Controller and the State Department of Finance. SECTION 4. The Secretary shall certify as to the passage and adoption ofthis Resolution, and it shall thereupon take effect and be in full force. PASSED, APPROVED AND ADOPTED at a regularly scheduled meeting held on this 20111 day of September 20, 2016. APPROVED AS TO FORM: Kimberly Hall Barlow Successor Agency Counsel James Toma Chairman ATTEST: Nickolas S. Lewis Secretary Successor Agency: County: Amended Recognized Obligation Payment Schedule {ROPS 16-17B) -Summary Filed for the January 1, 2017 through June 30, 2017 Period West Covina Los Angeles ROPS 16-178 ROPS 16-17B Current Period Requested Funding for Enforceable Obligations (ROPS Detail) Authorized Amounts Requested Adjustments A Enforceable Obligations Funded as Follows (B+C+D): s 684,600 S B Bond Proceeds C Reserve Balance Other Funds D E F Redevelopment Property Tax Trust Fund (RPTTF) (F+G): s 684,600 4,877,599 S RPTTF G Administrative RPTTF H Current Period Enforceable Obligations (A+E): Certification of Oversight Board Chairman: Pursuant to Section 34177 ( o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. /s/ 4,877,599 $ 5,562,199 $ Name Title ------------------ Signature Date s 199,356 S 199,356 199,356 $ Exhibit A ROPS 16-17B Amended Total 684,600 684,600 5,076,955 5,076,955 5,761,555 Uem # I Pfotect N~Obllo .. tion ii: ~=:~ .. tioo Ek:nb 312006 Lease R!M!!nUel. Bends 41 1M Housing~ A$1de Bonds &j2001 Housing Sei: Aud& Bonds OtiligationT)'P9 eondRe1mbursemer,1 Bends lssood On a Before 12/31110 Bend Reimbu,s.ement ~reements Bonds lswed On Of Before 12/31110 Bonds !&wed Ono, Be(o,e 12131/10 Toi.I Outstar'lding Wost Covina Amondod Recognized Obligntion P.nyment Schodulo (ROPS 16-176) • ROPS Oetnil January 1, 2017 through June 30, 2017 (R~~rt Amounts in Whole Dollar~ AUTHORIZED AMQIJNTS Fund Sources Balalce 15.36911, ~_p_r05J~S Re~Ba131lCe 01herfunds ~Is RPTIF 1. Admin RPTIF 011509 f __ . f_s Tatel _ i _BendProc~s 5~~2'JP9 _1. -"-979.516 1.220.600 434,248 7&l,288 ___j,QQ!)_ 151,343 785,333 ...... 139,063 151.343 785.333 .. .... 139,083 -R~QU£SI£D ADJUSTMENTS Fund Sources Reservef;1~ar,ee ~s __ -} .c. ... --'. '.-1 RP!!~ ..... 1 t. Admin RPTIF ·- Le SERAF2010Ha.l~Loan SERAFJERAF $ 3.160.818 255\IJ~' --~--------"~\/~. • J SERAF 2011 Hou Leen SERAFIERAF $ 744,377 65.~:'~. . ! ~! ~:''.!. I DOA. The uike, OPAt'(X)A/CQnslri,M;.lion $ 320.000 120 :: CF0Taio:1ncr_~tp_ledge OPAIOOA/Ccnslruelion $ 1.700.000 850 __ '-" ~·--"--~-"~---___ ,_ Remediation $ 77040 38. "'W~~~~f;:::;=========tT~hK~d~.P~•~L-~•===t~•===+··~'°°~·~°"'~====+====+====t===]:,so~~====~ :c ·I ·I I • . ---· I I I n: ~-.. :~~<f~~;a:~ls JOI~sl!JhlBoard Leqai~Ylees nJSucc.essor Aoenc_y_Leoat SN\'lces EE= . ..._ •I-TM- .:I\ 1996 CFO RefU'ldlng B<inds 2t! 1968 Lease Rev Refunding Bonds '°'OPA ·CFO 1! /'r Prqe,c1 Manaoement Coots QiG&OtvborlAud1tli ..!:!gal • ; .: ;:(:Jf!:: . ,«f ..... illJ,oii,l,-llii• _..,,.! Bonds lnoed Ono, B~o.-e 12131/10 Re¥enUeBoncls1s~ued0no, I$ Bef0t:e 12131110 Qf'~A/Cortstrucboo ...... -.. ·--·-·· . -.. •t:•·· I 1-.. -1 I · 1 -··;--' f'"" "''>!L'z.rl';,J;',~ I , ,:: ' ' ··"" .---=r~ ~ ! • ·, -- '. JI,?,! >'. r·-:·:· .·i r.· .;,, r ; . ' ',,.,. ' -I .. :·;-., P.·,:··c:: ',· /,,·1~.~:~iltJ :, ,,. -'' >~~j. t~·~: ,,, ; <r .. ~ I . :. ".~ .. 1--::-" . ·':, ~-·:'' ~·-;: -· 4.242.900 684,600 ....... 580.000 2,500 2.500 895_,.000 T°"' ""'~ ~ .. ~.~ ~ ;~r -,-~~-;:-"':.?;t·;:: ·" ~ '!I 1M · 200e Bonds & 1906 -2006 Bonds 7 1996 -2006 Bonds 48 '* -20oe Bondi: ·~· ;;;;;; 21,500 80,000 10,000 6~000 10.750 40.000 101~ s ____ _, ____________ _ '°"" .l ;;;;;; .... ~ 3_,.000 l-·--~ Unfunded PenSIOrl Lilibiijt,n Unfunded Uabilities S 8$1,484 44.732 J. Unfunded Ullbi~~ S 28,194 14_,.097 51IR.,ement UIIIWll'its 54f Cori!Jacl\.lA Services ROPS/Prooer.!Y_ P\iwl 1---~7 Public Notices ~ S As.:iese.meotsonROA-odned ceb eo ~19 A,~~ts on RDA-owoed ~eels 67 P I Adminislr,.live Costs 'io HaMn knoorts P•tners 11 Ctll\Jtw1:i EmirlenC Doman 7C!LOIIO A!lreemenl aoJAntic..!e!_ted/EJl:lsbnQ Utiqation 91]ROPSPreosaoon Profess,onsl ~,ik:es I $ 30})00 PtopertyOi~lions P,o;ect ManSQCmeot Costs Profe,ct Man&Qement Cos1s Project Mlnagement Com Utiofttion Llbaahon Unfuoded Liabilities LitiQ•lion Pfd;~~vices ·--.-- ,. I _,, iiiii& ProjectMM.s::.=. '~ AdminCosls = ~ 1~000 30,000 -= 35}Xl0 46.,_413 50,000 100.000 fl 193.,,630 7.,,000 3_,.300 6_.000 IJ 1~000 5i000 .,-.. 5.,_0001 6i6581 •ooo 3~ ·~.J.32 t 14 097 "~~ ·!•-----+------------ ~"" ., ·::J I I I I tJ '"" e,e~ ~ ==m I .• ., llemtt I Ptol«tN~C)~•liori 105jCash flow Loan -,""_......,.. ObllaationTwe Cil)il'County Loon (Prior oe/28/11),CHhexc:hMOe TOUIIOul$!.llnd,ng West Covinn Amended Recognized Obligation Pnymont Schodulo (ROPS 1 ~17B) • ROPS Detail January 1, 2017 through Juno 30, 2017 (Report Amounts in Whole Dollars) AUTHORIZED AMOUNTS Fund Sources _RE.QUESTEO_AOJUSTME;NTS Fund Sources e.imce II Bond Proceed$ I R'!ls_~--~alance Other food$ RPTTF I Admio RPTTF Total I Bond Proceeds I Reserve 8&18nCe_ QQ:i~_funds RPTTF 2,968,750 1,464,215 148-4215 'rJhliol"l-• •I t AdmlnRPTTF '"" -· 1 H-') 1"°8•200eBond, fe«i s 1,-48811 J J :J --:-r l' .-, I 1 I 1 T$ ::~===s ::: : !:::: .r ·I :---I I I I :--------l1------------- Hf1~=~=1r~;eoott ~= : 1 ~:::: -I ~:: :--~~ I I •c-------+------------ 120 Cootrac:tuel Services (Gonsaf...es & Son's)(Jan.June Pn,,reuiOntil s«,.,ices S 15,000 11 20161 119 Pf ectAdministratiw.Costs H!Plit,;iiabool Pr tt.la"I ementCot.ts $ !HOO Pf eel Adminr.;lratlwi Costs Caltlans UIQlallon Pr eel MM t ~fG $ 4,884 I _