Loading...
09-17-2013 - Approval of Transmittal of An Administrative Budge - SA2 (2).pdfCity of West Covina Memorandum AGENDA Item: SA 2 TO: Christopher J. Chung, Executive Director Date: September 17, 2013 and Successor Agency Board Members FROM: Nita McKay Director of Finance & Administrative Services SUBJECT: APPROVAL AND TRANSMITTAL OF AN ADMINISTRATIVE BUDGET FOR THE SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE "ROPS" PURSUANT TO AB1X 26 FOR THE PERIOD OF JANUARY 1- JUNE 30, 2014 RECOMMENDATION: It is recommended the City Council, acting as the Successor Agency to the West Covina Redevelopment Agency, adopt the following resolution: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACTING AS SUCCESSOR AGENCY TO THE WEST COVlNA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE TRANSMITTAL OF AN ADMINISTRATIVE BUDGET FOR THE SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY, AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE "ROPS" FOR THE PERIOD JANUARY 1 - JUNE 30, 2014, PURSUANT TO ASSEMBLY BILL 1X 26 (AB1X 26) DISCUSSION: The Successor Agency is required to file a Recognized Obligation Payment Schedule "ROPS" every six months 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 borrowed from the Housing Fund to fund property tax shifts mandated by the State, cost of litigation to protect assets of the former Redevelopment Agency, repayment of loans to the City, and administrative costs of the Successor Agency to wind down the affairs of the former 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 ROPS schedule (Attachment 2) lists all amounts that will be paid in the period January 1, 2014 through June 30, 2014. Once approved by the Successor Agency, the ROPS must then be approved by the seven-member Successor Agency Oversight Board. The ROPS will be presented to the Oversight Board at a special meeting on September 26, 2013. Once the ROPS is approved by the Oversight Board, it then must be forwarded to the State Department of Finance (DOF) by October 1, 2013. DOF holds final approval authority of the items listed on the ROPS and directs the Los Angeles County Auditor- Controller to distribute tax increment funds to the Successor Agency. The Successor Agency is also required to adopt an administrative budget for each six- month period. Attachment 3 to this report is the administrative budget for the Successor Agency for the period of January — June 2014. This budget is to be funded by the administrative allowance, which is equal to an amount that is the greater of 3% of the enforceable obligations, or $250,000 annually. The City will absorb any administrative costs above this administrative allowance. The total amount of funding requested for enforceable obligations from RPTTF on ROPS 13-14B is $4,848,067 and includes many of the same items that have been previously approved by DOF. Certain items denied by DOF on past ROPS remain on the form with no requested amounts, i.e. loans from the City. These items may become enforceable obligations in the future if certain criteria are met. The Successor Agency Administrative Budget is also attached for approval. This budget contains the specific items that are included in the administrative budget on line 12 of the ROPS . 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 dissolved. The obligations listed on this schedule will receive property tax allocations distributed by the County as their funding source. If the City's administrative costs exceed the administrative allowance, the excess expenditures will be absorbed by the City. Prepared by: strative Services Attachments: 1 — Resolution 2— Recognized Obligation Payment Schedule (ROPS 13-14B) 3 — Successor Agency Administrative Budget for January 2014 to June 2014 Attachment 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ACTING AS SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE TRANSMITTAL OF AN ADMINISTRATIVE BUDGET FOR THE SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY, AND RECOGNIZED OBLIGATION PAYMENT SCHEDULE "ROPS" FOR THE PERIOD JANUARY 1 — JUNE 30, 2014, PURSUANT TO ASSEMBLY BILL 1X 26 (AB1X 26) WHEREAS, the Community Development Commission of the City of West Covina ("Commission") is a community development commission organized and existing under and pursuant to the California Community Development Commission Law (Part 1.7 of Division 24, commencing with Section 34100, of the Health and Safety Code of the State of California) (the "CDCL"); and WHEREAS, the City Council of the City of West Covina ("City") approved and adopted the Redevelopment Plans for the following Redevelopment Projects ("Redevelopment Plans") covering certain properties within the City (the "Project Areas"): 1. On December 20, 1971 the West Covina City Council adopted the original Central Business District Redevelopment Project Area by adoption of Ordinance No. 1180. 2. On July 14, 1975 the West Covina City Council adopted the original Eastland Redevelopment Project Area by adoption of Ordinance No. 1269. 3. On December 21, 1993 the West Covina City Council approved the Merger of the Central Business District and the Eastland Redevelopment Project Areas by adoption of Ordinance No. 1927 and Ordinance No. 1928, which adopted the merged area as the West Covina Redevelopment Project Area and added three non-contiguous areas to the merged project area; and WHEREAS, as part of the 2011-12 State budget bill, the California Legislature has enacted and the Governor has signed, companion bills AB1X 26 and AB1X 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts a resolution committing it to making certain payments; and WHEREAS, on December 29, 2011, the California Supreme Court upheld AB1X 26, which dissolved all of the redevelopment agencies in the State of 'California as of February 1, 2012, and struck down AB1X 27; and WHEREAS, at a meeting of January 10, 2012, the City of West Covina took action to designate itself as the Successor Agency and the Community Development Commission as the Housing Successor Agency, as provided in California Health and Safety Code §§ 34173 and 34176; and WHEREAS, Health and Safety Code Section 34169(h), which is set forth in Part 1.8, requires a Successor Agency to prepare and submit an approved Recognized Obligation Payment Schedule for the period from January 1, 2014 to June 30, 2014 to the State Department of Finance by October 1, 2013, which must list the minimum amounts that must be paid by the Successor Agency over that six (6) month period to fulfill its enforceable obligations during that period; and WHEREAS, the West Covina City Council, acting as Successor Agency to the West Covina Redevelopment Agency, reserves the right to appeal any determination of the California Director of Finance or other entity regarding the propriety of this resolution as well as any future determinations; and WHEREAS, while the West Covina City Council, acting as Successor Agency to the West Covina Redevelopment Agency, currently intends to comply with the state- mandated obligations established hereunder; and WHEREAS, all other legal prerequisites to the adoption of this resolution have occuned. NOW, THEREFORE, BE IT RESOLVED by the West Covina City Council, acting as Successor Agency to the 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 Recognized Obligation Payment Schedule "ROPS" attached hereto as Attachment "2" is approved and the City Manager is authorized to 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 34169 subject to all reservations of rights and contingencies set forth above. SECTION 3. The Administrative Budget for the Successor Agency for the six- month period January — June 2014, attached hereto as Attachment "3" is approved and the City Manager is authorized to 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 34169 subject to all reservations of rights and contingencies set forth above. SECTION 4. The City Manager 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 5. The City Clerk shall certify as to the passage and adoption of this Resolution, and it shall thereupon take effect and be in full force, except that this Resolution shall not be effective during any period of time that the Stay remains effective. APPROVED AND ADOPTED at a regular meeting of the City Council of the City of West Covina this 17th day of September 2013. Mayor Shelley Sanderson ATTEST: Assistant City Clerk Susan Rush I SUSAN RUSH, ASSISTANT CITY CLERK, of the City of West Covina do hereby certify that the foregoing resolution was duly adopted by the West Covina City Council, acting as Successor Agency to the West Covina Redevelopment Agency, at a meeting thereof held on the 17 th day of September 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Assistant City Clerk Susan Rush APPROVED AS TO FORM: City Attorney Recognized Obligation Payment Schedule (ROPS ) 13-14B - ROPS Detail January 1, 2014 through June 30, 2014 (Report Amounts in Whole Dollars) A B C D E F G H I J K L M N 0 P Item # Project Name / Debt Obligation Obligation Type Contract/Agreement Execution Date Contract/Agreement Termination Date Payee Description/Project Scope Project Area Total Outstanding Debt or Obligation Retired Funding Source Six-Month Total Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) RPTTF Bond Proceeds Reserve Balance Other Funds Non-Admin Admin :•5 303,917,248 S S 1,453,446 S 987,409 • 4;695615 S 152,452 S 7,288922: 1 1999 Tax Allocation Bonds Bonds Issued On or Before 12/31110 11/1/1999 11/1/2029 US Bank Fund capital protects in Merged Area Merged 4,850,883 N 7200 :5::::::,.• • .•• .'......:7200. 2 2002 Tax Allocation Bonds Bonds Issued On or Before 12/31/10 6/1/2002 9/1/2022 US Bank Refund outstanding 1993 bonds Merged 10,378.038 N 194,574 S 194.574. 3 2006 Lease Revenues Bonds Revenue Bonds Issued On or Before 12/31/10 9/19/2006 6/1/2036 City of West Covina Reimburse City for BLD Debt Service Merg/CiWde 27,988,169 N 567,610 5 567,610' ::•.•:' -::••:::•:.• 4 1998 Housing Set Aside Bonds Bonds Issued On or Before 12/31/10 4/1/1998 9/1/2025 US Bank Acquisition and rehab of a housing protect Merged 5,299,237 N 106,004 106,004. ..•..:•::::: 5 2001 Housing Set Aside Bonds Bonds Issued On or Before 12/31/10 12/1/2001 9/1/2030 US Bank Development of a senior housing project Merged 9,999,909 N 170,477 S 170,477 6 SERAF 2010 Housing Loan SERAF/ERAF 2/16/2010 6/30/2015 Housing Successor Agency Repay SERAF to the housing fund Merged 4,896,981 N - 7 SERAF 2011 Housing Loan SERAF/ERAF 1/18/2011 6/30/2016 Housing Successor Agency Repay SERAF to the housing fund Merged 1,077,674 N - 8 DDA - The Lakes OPA/DDA/Construction 6/26/1987 6/30/2038 Gateway Crescent, LLC Allocated bond costs & maintenance for park structure Merged 1,190,000 N 60,000 . .. . • .... .., 9 CEO Tax Increment Pledge OPA/DDA/Construction 6/26/1989 9/1/2022 Fashion Plaza CFO Tax Increment pledged to CEO Merged 13,702,095 N 725,000 • 5% .• •• •••• • 725:000 10 CSS - CFD Remediation 10/19/2004 10/19/2054 Coastal Sage Scurb CFD CFD Assessment Merged 4,656,641 N 37.417 S 37.417. 11 Repay County Loan Third Party Loans 6/19/1990 8/20/2021 County of Lou Angeles Repay Loan of Deferred Tax Increment Merged 10,804,956 N 12 SA Adminstrative Budget Admin Costs 1/1/2014 6/30/2014 SA staff, Various Operations for both project areas Merged 16,304,106 N 152.452 • S • ••• , •:••••::•152:452 13 City Cooperative Agreement City/County Loans On or Before 6/27/11 8/23/2012 6/30/2014 City of West Covina Reimbursement of advanced SA expenses Merged 500,000 N 75,000 • • 75,000' 14 Anticipated/Existing Litigation Litigation 3/16/2006 6/30/2014 Squire Sanders & Dempsey Enforcement of judgments/obligations Merged 1,800,000 N 1,000,000 :5 •• • . •• :1,000;000 :••:•:::::.: ..•:•::•.• - : :. • 15 Anticipated/Existing Litigation Litigation 7/18/2000 6/30/2014 Alvarez-Glasman Colvin Enforcement of judgments/obligations Merged 180,000 N 60,000 •:.60;00.0. 16 Anticipated/Existing Litigation Litigation 10/22/2012 6/30/2014 Eminent Domain Law Group RDA property litigation Merged 250,000 N 50,000 S•••::::::::.::::...:.50,0.00: 17 Anticipated/Existing Litigation Litigation 4/25/2007 6/30/2014 Hunsucker Goldstien RDA property litigation Merged 75,000 N 25,000 25:000: 18 Project Administrative Costs Project Management Costs 1/1/2014 6/30/2014 Various Project specific related costs Merged N - 19 AB 1484 Auditing Fees Dissolution Audits 9/10/2012 6/30/2014 White Nelson Diehl Evans AB 1484 Auditing Fees Merged 262,500 N 15,000 :5. ' . - • . % 15.000: 20 Oversight Board Legal Services Legal 10/4/2012 6/30/2014 Harper & Bums Oversight Board Legal Services Merged N .5 21 Successor Agency Legal Services Legal 7/18/2000 6/30/2014 Alvarez-Glasman Colvin Successor Agency Legal Services Merged - N - .5 22 Property Management Plan Professional Services 1/1/2014 6/30/2014 TBD Long-Range Property Management Plan per AB 1484 Merged 300,000 N 300,000 ••• .• •• : • • 300,000 23 City Note - Administration City/County Loans On or Before 6127/11 8/9/1971 6/30/2025 City of West Covina Repay City for admin & construction Merged - N - 24 City Note - CIP City/County Loans On or Before 6/27/11 2/28/1972 6/30/2025 City of West Covina Repay City for capital projects Merged - N - 25 City Note Revolving City/County Loans On or Before 6/27/11 12/16/1985 6/30/2025 City of West Covina Repay City for revolving credit Merged - N - 26 Sales Tax Reimbursement City/County Loans On or Before 6/27/11 7/25/2005 6/30/2025 City of West Covina Reimburse City for CEO Sales Tax Merged - N 27 Golf Course Agreement OPAJDDA/Construction 6/21/2011 6/30/2014 Various Golf Course Implementation Agreement Merged - N - 28 1996 CFD Refunding Bonds Bonds Issued On or Before 12/31/10 7/1/1996 9/1/2022 US Bank Fund Fashion Plaza Improvements • Merged 40,681.200 N 913.950 29 1988 Lease Rev Refunding Bonds Revenue Bonds Issued On or Before 12/31/10 8/1/1988 8/1/2018 Wells Fargo Bank Fund Lakes Parking Project Merged 3,328,300 N 73,459 S .73,459. 30 OPA - CFD OPA/DDA/Construction 6/26/1989 9/1/2022 Westfield Corporation CFD admin and developer repayment Merged 94,473,569 N - 31 Anticipated/Existing Litigation Litigation 3/16/2006 6/30/2014 Squire Sanders & Dempsey Enforcement of judgments/obligations Feb-Jun 2012 Merged N - 32 Anticipated/Existing Litigation Litigation 3/16/2006 6/30/2014 Squire Sanders & Dempsey Enforcement of judgments/obligations Jul-Dec 2012 Merged - N _ 33 Anticipated/Existing Litigation Litigation 3/16/2006 6/30/2014 Alvarez-Glasman Colvin Enforcement of judgments/obligations Feb-Jun 2012 Merged - N - 34 Anticipated/Existing Litigation Litigation 3/16/2006 6/30/2014 Alvarez-Glasman Colvin Enforcement of judgments/obligations Jul-Dec 2012 Merged - N - 35 Anticipated/Existing Litigation Litigation 10/22/2012 6/30/2014 Eminent Domain Law Group RDA property litigation: Feb-Jun 2012 Merged - N - 36 Anticipated/Existing Litigation Litigation 10/22/2012 6/30/2014 Eminent Domain Law Group RDA property litigation: Jul-Dec 2012 Merged - N - 37 Anticipated/Existing Litigation Litigation 4/25/2007 6/30/2014 Hunsucker Goldstien RDA property litigation: Feb-Jun 2012 Merged N - 38 Anticipated/Existing Litigation Litigation 4/25/2007 6/30/2014 Hunsucker Goldstien RDA property litigation: Jul-Dec 2012 Merged - N - 39 Successor Agency Legal Services Legal 7/18/2000 6/30/2014 Alvarez-Glasman Colvin Successor Agency Legal Services: Feb-Jun 2012 Merged - N - 40 Successor Agency Legal Services Legal 7/18/2000 6/30/2014 Alvarez-Glasman Colvin Successor Agency Legal Services: Jul- Dec 2012 Merged - N - 41 City Note - Administration City/County Loans On or Before 6/27/11 8/9/1971 6/30/2025 City of West Covina Repay City for admin & construction: Feb-Jun 2012 Merged - N - Recognized Obligation Payment Schedule (ROPS ) 13-14B - ROPS Detail January 1,2014 through June 30, 2014 (Report Amounts In Whole Dollars) A B C D E F G H I J K L M N o P Item # Project Name / Debt Obligation Obligation Type Contract/Agreement Execution Date Contract/Agreement Termination Date Payee Description/Project Scope Project Area Total Outstanding Debt or Obligation Retired Funding Source Six-Month Total Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) RPTTF Bond Proceeds Reserve Balance Other Funds Non-Admin Admin 42 City Note - Administration City/County Loans Door Before 6/27/11 8/9/1971 6/30/2025 City of West Covina Repay City for admin & construction: Jul-Dec 2012 Merged N - 43 City Note - CIP City/County Loans On or Before 6/27/11 2/28/1972 6/30/2025 City of West Covina Repay City for capital projects: Feb- Jun 2012 Merged - N - 44 City Note - CIP City/County Loans On or Before 6/27/11 2/28/1972 6/30/2025 City of West Covina Repay City for capital projects: Jul-Dec 2012 Merged - N - 45 1998 -2000 Bonds Professional Services 4/1/1998 9/112030 US Bank Bond Fiscal Agent Fees Merged - N 7,500 46 1998 - 2006 Bonds Professional Services 4/1/1998 9/1/2030 Wells Fargo Bank Bond Letter of Credit Fees Merged - N 29,040 ..:•• • '''.• • :.• ::. 29.040: 47 1998 - 2006 Bonds Professional Services 11/1/1999 11/1/2029 Wells Fargo Bank Bond Remarketing Fees Merged - N 2.400 S." : • • • :: • 2,400 48 1998- 2006 Bonds Professional Services 11/1/1999 11/1/2029 Standard and Poors Bond Credit Agency Survellance Fees Merged . - N 2,000 .5 . :2,000 49 Anticipated/Existing Litigation Litigation 5/1/2007 6/30/2014 Law Office of Robert Gokoo RDA property litigation - BKK slope failure Merged 375,000 N 200,000 '. .200,000: 50 Unfunded Pension Liabilities Unfunded Liabilities 7/1/1966 6/30/2014 CalPERS Payment for unfunded pension obligations Merged 1297235 N 44,732 0 44,732 ............. 51 Retirement Benefits Unfunded Liabilities 9/19/2001 6/30/2014 Former employee Payment for retirement obligations Merged 1,184,759 N 12,962 :5." ::• • . •• 12.962, 62 ROPS 1 RORF Reserve Reserves 1/1/2014 6/30/2014 City of West Covina Adjustment to Redevelopmt Obligation Retirement Fund Merged 1,453,446 N 1,453,446 .• 1;453,446. 53 Outstanding Pass Through Obligations Miscellaneous 1/1/2014 6/30/2014 Various taxing entities Outstanding Pass Through Obligations to taxing entities Merged - N 54 Contractual Services ROPS/Property Plan Professional Services 3/6/2013 6/30/2014 Gonsalves and Sons Consultant for ROPS and property management plan Merged 54,000 N 18,000 :18,000: .. ..... 55 BKK Landfill Closure Agreements Remediation 4/17/2001 6/30/2014 Various Landfill closure mitigation to approved recreation use Merged 45,578,311 N - 56 Contractual Services ROPS/Property Plan Professional Services 3/6/2013 6/30/2014 Gonsalves and Sons Consultant for ROPS and property management plan Jan-Jun 2013 Merged 10,000 N 10,000 .:16,000 57 Public Notices Property Dispositions 1/1/2014 6/30/2014 SVG Newspaper Notices of Proposed Property Transfer Jul 2012-Jun 2013 Merged 1,220 N 1,220 S::::.::::: .....:.<.i 220. 58 Special Assessments on RDA- owned parcels Project Management Costs 1/1/2014 6/30/2014 City of West Covina Citywide Lighting & Landscape Maintenance District #2 Jul 2012-Jun 2013 Merged - N 10,460 0 10,430: 59 Retirement Benefits Unfunded Liabilities 9/19/2001 6/30/2014 Former employee Payment for retirement obligations Feb 2012-Jun 2013 Merged 6,120 N 6,120 • . 6;120 60 Special Assessments on RDA- owned parcels Project Management Costs 1/1/2014 6/30/2014 City of West Covina Citywide Lighting & Landscape Maint District #2 Merged 10,700 N 10,700 5 10;700 61 AB 1484 Auditing Fees Dissolution Audits 9/10/2012 6/30/2014 White Nelson Diehl Evans AB 1484 Auditing Fees Jul-Dec 2012 Merged 5,000 N 5,000 ::.• • '..:•.:...:: .. 5;000. 62 Anticipated/Existing Litigation Litigation 6/1/2013 . • • .. 6/30/2014 Blank Rome LLP Enforcement of judgments/obligations (assisting Squire Sanders) Merged 30%000 N 30%000 ::' 300%00: . . . ... 63 Anticipated/Existing Litigation Litigation 6/1/2013 :::. 6/3012014 Blank Rome LLP Enforcement of judgments/obligations Jan-Jun 2013 Merged 13,487 N 13,487 .13;487. 64 Anticipated/Existing Litigation Litigation 6/1/2013 • 6/3012014 Blank Rome LLP Enforcement of judgments/obligations Jul-Dec 2012 Merged 150 000 N 150 000 S 150%50, 65 DDA - The Lakes OPAJDDA/Construction 6/26/1987 6/30/2038 Gateway Crescent, LLC Allocated bond costs & maintenance for park structure Jan-Jun 2013 Merged 22,203 N 22,203 ..::22,203 .•:::::': • ::..:' :' 66 Anticipated/Existing Litigation Litigation 3/16/2006 6/3012014 Squire Sanders & Dempsey Enforcement of judgments/obligations Jan-Jun 2013 Merged 426,509 N 426,509 S 426,509. 67 Project Administrative Costs Project Management Costs 9/27/2011 6/3012014 Rincon Environmental LLC Project specific related costs for environmental land use consulting Merged 30,000 N 30,000 35000 Attachment 3 SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY ADMINISTRATIVE BUDGET January 1, 2014 through June 30, 2014 Annual Jan.-June Amount 2014 Salaries & Benefits Maintenance & Operations: Consultants Legal Fees Phone Cell Phone Supplies Meetings Overhead Liability Insurance 228,372 40,000 30,000 908 800 4,911 6,200 65,000 16,800 58,297 27,500 15,000 454 440 3,661 6,200 32,500 8,400 Subtotal 164,619 94,155 Total Budget 392,991 152,452