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01-21-2020 - AGENDA ITEM 06 CONSIDERATION OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE “ROPS” PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179.7(O)(1)11/16/2020 Print Staff Report AGENDA ITEM NO. 6 DATE: January 21, 2020 TO: Mayor and City Council FROM: David Carmany City Manager AGENDA STAFF REPORT City of West Covina I Office of the City Manager SUBJECT: CONSIDERATION OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE "ROPS" PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179.7(0)(1), FOR THE PERIOD OF JULY 1, 2020 THROUGH JUNE 30, 2021 FOR THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY RECOMMENDATION: It is recommended that the City Council, acting as the Successor Agency to the former West Covina Redevelopment Agency, adopt the following resolution: RESOLUTION NO.2020-06 — A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE TRANSMITTAL OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE "ROPS" FOR THE PERIOD OF JULY 1, 2020 THROUGH JUNE 30, 2021 BACKGROUND: On January 7, 2020 the City Council, acting as the Successor Agency, adopted Resolution 2020-01 approving the Successor Agency's Recognized Obligation Payment Schedule (ROPS) for fiscal year July 1, 2020 to June 30, 2021. DISCUSSION: The attached resolution adds a line item to the previously approved ROPS 20-21. The attached ROPS 20-21 includes attorney fees for litigation regarding enforcement of contractual obligations and rights for a former Redevelopment Agency agreement (line item #144). This item is being added in the event litigation is necessary. Hopefully litigation can be avoided, but this item is being added as a precaution. LEGAL REVIEW: The Successor Agency Counsel has reviewed and approved this staff report, resolution and the Recognized Obligation Payment Schedule. https://destinyhosted.com/print_ag_memo.cfm?seq=654&rev_num=0&mode=Extemal&reloaded=true&id=93762 112 West Covina Recognized Obligation Payment Schedule (ROPS 20-21) - Report of Cash Balances July 1, 2017 through June 30, 2018 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (1), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. A B C D E F G H ROPS 17-18 Cash Balances Fund Sources Comments (07/01/17 - 06/30/18) Bond Proceeds Reserve Balance Other Funds RPTTF Bonds issued Bonds issued Prior ROPS Rent, grants, Non-Admin on or before on or after RPTTF and interest, etc. and Admin 12/31/10 01/01/11 Reserve Balances retained for future period(s) 1 Beginning Available Cash Balance (Actual 07/01/17) 9,001,187 RPTTF amount should exclude "A" period distribution amount. 2 Revenue/Income (Actual 06/30/18) 5,124,949 RPTTF amount should tie to the ROPS 17-18 total distribution from the County Auditor -Controller 3 Expenditures for ROPS 17-18 Enforceable Obligations 10,408,857 (Actual 06/30/18) 4 Retention of Available Cash Balance (Actual 06/30/18) 1,976,757 RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 5 ROPS 17-18 RPTTF Prior Period Adjustment 698,566 RPTTF amount should tie to the Agency's ROPS 17-18 PPA No entry required form submitted to the CAC 6 Ending Actual Available Cash Balance (06/30/18) $- $- $- $- $1,041,956 C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) EXHIBIT B SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY ADMINISTRATIVE BUDGET July 1, 2020 to June 30, 2021 Annual Amount July - Dec 2020 Jan - June 2021 Salaries & Benefits $ 190,000 $ 95,000 $ 95,000 Maintenance & Operations Consultants 37,100 21,050 16,050 Legal Fees 40,000 20,000 20,000 Phone 2,000 1,000 1,000 Cell Phone 1,000 500 500 Supplies 7,300 3,650 3,650 Meetings 5,000 2,500 2,500 Overhead 52,600 26,300 26,300 Liability Insurance 5,000 2,500 2,500 Subtotal 150,000 77,500 72,500 Total Budget $ 340,000 $ 172,500 $ 167,500 11/16/2020 Print Staff Report Prepared by: Gerardo Rojas, Project Coordinator Additional Paulina Morales, Economic Development & Housing Manager Approval: Fiscal Impact FISCAL IMPACT: The 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 of Los Angeles as their funding source. If the Successor Agency's administrative costs exceed the administrative allowance, the excess expenditures will be absorbed by the City. Attachments Resolution No. 2020-06 Recognized Obligation Payment Schedule (ROPS 2020-2021) Successor Agency Administrative Budget for July 1, 2020 through June 30, 2021 CITY Achieve Fiscal Sustainability and Financial Stability COUNCIL Engage in Proactive Economic Development GOALS & OBJECTIVES: https://destinyhosted.com/print_ag_memo.cfm?seq=654&rev_num=0&mode=Extemal&reloaded=true&id=93762 2/2 ATTACHMENT NO.1 RESOLUTION NO.2020-06 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE TRANSMITTAL OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE "BOPS" FOR THE PERIOD OF JULY 1, 2020 THROUGH JUNE 30, 2021 WHEREAS, pursuant to ABX 1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, SB 341, and SB 107 (`Dissolution Act'), the Redevelopment Agency to the City of West Covina was dissolved as of February 1, 2012, and the City of West Covina elected to serve as the Successor Agency to the former Redevelopment Agency to the City of West Covina; and WHEREAS, pursuant to Health and Safety Code Section 34179(q), commencing on and after July 1, 2018, the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, shall have five consolidated oversight boards each encompassing the five supervisorial districts; WHEREAS, pursuant to Health and Safety Code Section 34179.7 (o) (1), requires that the ROPS for the period from July 1, 2020 to June 30, 2021, shall be submitted after oversight board approval to the State of California Department of Finance and the Los Angeles County Auditor - Controller by February 1, 2020; and WHEREAS, the West Covina City Council, acting as Successor Agency to the former West Covina Redevelopment Agency, reserves the right to appeal any determination of the State of California Department of Finance or other entity regarding the propriety of this resolution as well as any future determinations; and WHEREAS, the West Covina City Council, acting as Successor Agency to the former West Covina Redevelopment Agency, intends to comply with the state -mandated obligations established hereunder; and WHEREAS, the West Covina City Council, acting as Successor Agency to the former West Covina Redevelopment Agency, adopted Resolution 2020-01 approving ROPS 20-21 on January 7, 2020. This ROPS 20-21 has not been submitted to the Oversight Board nor the Department of Finance. This Resolution will supersede the previously adopted Resolution 2020- 01 and ROPS 20-21 with the additional line item #144. 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 former 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 "BOPS" attached hereto as Exhibit "A" is approved and the Executive Director is authorized to submit the ROPS to the Oversight Board for approval and transmit the saw to the Los Angeles County Auditor - Controller, the California State Controller and the State of California 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 Administrative Budget for the Successor Agency for the annual period of July 1, 2020 — June 30, 2021, attached hereto as Exhibit `B" is approved and the Executive Director is authorized to transmit the same to the Los Angeles County Auditor -Controller, the California State Controller and the State of California Department of Finance in accordance with Health and Safety Code Section 34177 subject to all reservations of rights and contingencies set forth above. SECTION 4. 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 any other reasonable acts in fintherance of approval of the Recognized Obligation Payment Schedule and Administrative Budgets. SECTION 5. The Secretary shall certdy as to the passage and adoption of this Resolution, and it shall thereupon take effect and be in full force. APPROVED AND ADOPTED at a regularly scheduled meeting held on this 211t day of January, 2020. Tony Wu Mayor APPROVED AS TO FORM: ATTEST: Thomas Duarte Lisa Sherrick City Attorney Assistant City Clerk EXHIBIT A Recognized Obligation Payment Schedule (ROPS 20-21) - Summary Filed for the July 1, 2020 through June 30, 2021 Period Successor Agency: West Covina County: Los Angeles Current Period Requested Funding for Enforceable 20-21A Total 20-21 B Total ROPS 20-21 Obligations (ROPS Detail) December) (January Total A Enforceable Obligations Funded as Follows (B+C+D) B Bond Proceeds C Reserve Balance D Other Funds E Redevelopment Property Tax Trust Fund (RPTTF) (F+G F 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. $ 19,585,527 $ 5,520,405 $ 25,105,932 19,415,527 5,350,405 24,765,932 170,000 170,000 340,000 $ 19,585,527 $ 5,520,405 $ 25,105,932 Name Title /s/ Signature Date West Covina Recognized Obligation Payment Schedule (ROPS 20-21) - ROPS Detail July 1, 2020 through June 30, 2021 A B C D E F G H I J K L I M I N 1 O P Q R I S I T I U V W ROPS 20-21A (Jul - Dec) ROPS 20-21 B (Jan - Jun) Item Agreement Agreement Project Total ROPS 20-21A 20-21 Fund Sources Fund Sources # Project Name Obligation Type Execution Termination Payee Description Area Outstanding Retired 20-21 Total Total Total Bond Reserve Other RPTTF Admin Bond Reserve Other RPTTF Admin Date Date Obligation Proceeds Balance Funds RPTTF Proceeds Balance Funds RPTTF $95,860,636 $25,105,932 $- $- $- $19,415,527 $170,000 $19,585,527 $- $- $5,350,405 $170,000 $5,520,405 3 2006 Lease Bond 09/19/ 06/01/2036 City of Reimburse City Merg/ 23,750,341 N $1,345,990 415,495 - $415,495 930,495 - $930,495 Revenues Reimbursement 2006 West for BLD Debt Citywide Bonds Agreements Covina Service 6 SERAF 2010 SERAF/ERAF 02/16/ 08/01/2022 Housing Repay SERAF Merged 1,133,456 N $526,130 263,065 $263,065 263,065 $263,065 Housing Loan 2010 Successor to the housing Agency fund 7 SERAF 2011 SERAF/ERAF 01/18/ 08/01/2022 Housing Repay SERAF Merged 262,303 N $121,756 60,878 $60,878 60,878 $60,878 Housing Loan 2011 Successor to the housing Agency fund 8 DDA - The OPA/DDA/ 06/26/ 06/30/2038 Stillwater Maintenance Merged 173,000 N $173,000 173,000 $173,000 - $- Lakes Construction 1987 Investment for parking Group structure 9 CFD Tax OPA/DDA/ 06/26/ 09/01/2022 Fashion Tax Increment Merged 1,800,000 N $1,800,000 - $- 1,800,000 $1,800,000 Increment Construction 1989 Plaza CFD pledged to CFD Pledge 10 CSS - CFD Remediation 10/19/ 10/19/2054 Coastal CFD Merged 80,000 N $80,000 40,000 $40,000 40,000 $40,000 2004 Sage Assessment Scurb CFD 11 Repay County Third -Party 06/19/ 08/20/2021 County of Repay Loan of Merged 1,202,573 N $1,202,573 1,202,573 - $1,202,573 - $- Loan Loans 1990 Los Deferred Tax Angeles Increment 12 SA Admin Costs 01/01/ 06/30/2018 SA staff, Administration Merged 340,000 N $340,000 - 170,000 $170,000 170,000 $170,000 Administrative 2014 Various for both project Budget areas 13 City City/County 02/15/ 06/30/2018 City of Reimbursement Merged - N$- Cooperative Loan (Prior 06/ 2011 West of advanced Agreement 28/11),Other Covina SA expenses 19 AB 1484 Dissolution 09/10/ 06/30/2018 Rogers, AB 1484 Merged N$- Auditing Fees Audits 2012 Anderson, Auditing Fees Malody & Scott, LLP 20 Oversight Legal 10/04/ 06/30/2018 Harper& Oversight Merged N$- Board Legal 2012 Burns Board Legal Services Services 21 Successor Legal 06/30/ 06/30/2018 Jones & Successor Merged N$- Agency Legal 2016 Mayer Agency Legal Services Services 23 City Note - City/County 08/09/ 06/30/2025 City of Repay City for Merged 7,281,414 N $728,142 728,142 $728,142 $- Administration Loan (Prior 06/ 1971 West admin & 28/11), Other Covina construction A B C D E F G H I J K L I M I N O P Q R S I T I U V W ROPS 20-21A (Jul - Dec) ROPS 20-21 B (Jan - Jun) Item Agreement Agreement Project Total ROPS 20-21A 20-21B Fund Sources Fund Sources # Project Name Obligation Type Execution Termination Payee Description Area Outstanding Retired 20-21 Total Total Total Bond Reserve Other RPTTF Admin Bond Reserve Other RPTTF Admin Date Date Obligation Proceeds Balance Funds RPTTF Proceeds Balance Funds RPTTF 24 City Note - CIP City/County 02/28/ 06/30/2025 City of Repay City for Merged 7,281,414 N $728,142 728,142 $728,142 $- Loan (Prior 06/ 1972 West capital projects 28/11), Other Covina 25 City Note City/County 12/16/ 06/30/2025 City of Repay City for Merged 7,281,414 N $728,142 728,142 $728,142 $- Revolving Loan (Prior 06/ 1985 West revolving credit 28/11), Other Covina 26 Sales Tax Bond 07/25/ 06/30/2025 City of Reimburse City Merged 7,050,992 N $611,890 611,890 $611,890 $- Reimbursement Reimbursement 2005 West for CFD Sales Agreements Covina Tax 28 1996 CFD Bonds Issued 07/01/ 09/01/2022 US Bank Fund Fashion Merged 13,907,750 N $4,384,650 4,115,850 $4,115,850 268,800 $268,800 Refunding On or Before 1996 Plaza Bonds 12/31/10 Improvements 30 OPA - CFD OPA/DDA/ 06/26/ 09/01/2022 Starwood CFD admin and Merged 450,000 N $450,000 450,000 $450,000 - $- Construction 1989 developer repayment 45 1998 - 2006 Fees 04/01/ 09/01/2030 US Bank/ Bond Fiscal Merged 28,200 N $28,200 20,200 $20,200 8,000 $8,000 Bonds 1998 BNY Agent & Liquity Prov Fees 50 Unfunded Unfunded 07/01/ 06/30/2026 CalPERS Payment for Merged 1,073,575 N $1,073,575 1,073,575 $1,073,575 - $- Pension Liabilities 1966 unfunded Liabilities pension obligations 51 Retirement Unfunded 09/19/ 06/30/2034 Former Payment for Merged 1,117,731 N $1,117,731 1,117,731 $1,117,731 $- Benefits Liabilities 2001 employees retirement obligations - OPEB 54 Contractual Professional 03/06/ 06/30/2018 Gonsalves Consultant for Merged 30,000 N $30,000 15,000 $15,000 15,000 $15,000 Services ROPS Services 2013 and Sons ROPS and property management plan 55 BKK Landfill Remediation 04/17/ 06/30/2018 Various Landfill closure Merged N$- Closure 2001 mitigation to Agreements approved recreation use 57 Public Notices Property 07/01/ 06/30/2018 SGV Notices of Merged N$- Dispositions 2016 Newspaper Proposed Property Transfer 60 Special Project 01/01/ 06/30/2018 City of Citywide Merged 12,000 N $12,000 6,000 $6,000 6,000 $6,000 Assessments Management 2014 West Lighting & on RDA -owned Costs Covina Landscape parcels Maint District #2 67 Project Project 09/27/ 06/30/2018 Various Project specific Merged 32,000 N $32,000 16,000 - $16,000 16,000 $16,000 Administrative Management 2011 related costs A B C D E F G H I J K L I M I N O P Q R S I T I U V W ROPS 20-21A (Jul - Dec) ROPS 20-21 B (Jan - Jun) Item Agreement Agreement Project Total ROPS 20-21A 20-21B Fund Sources Fund Sources # project Name Obligation Type Execution Termination Payee Description Area Outstanding Retired 20-21 Total Total Total Bond Reserve Other RPTTF Admin Bond Reserve Other RPTTF Admin Date Date Obligation Proceeds Balance Funds RPTTF Proceeds Balance Funds RPTTF Costs Costs for environmental land use consulting for BKK Landfill 73 Loan Unfunded 09/16/ 06/30/2018 City of Reimbursement Merged N$- Agreement Liabilities 2014 West of advanced Covina SA expenses 74 Cooperative Unfunded 09/16/ 06/30/2018 City of Reimbursement Merged N$- Agreement Liabilities 2014 West of advanced Covina SA expenses 76 Loan Unfunded 09/16/ 06/30/2018 City of Reimbursement Merged 1,226,433 N $1,226,433 1,226,433 $1,226,433 $- Agreement Liabilities 2014 West of advanced Covina SA expenses (legal expenses) 77 Housing Housing Entity 07/01/ 06/30/2018 Housing AB 471 - Merged - N $- - $- $- Successor Admin Cost 2015 Successor Housing Admin Admin Agency 89 Project Project 01/01/ 06/30/2018 City of Project Merged 35,947 N $35,947 17,974 $17,974 17,973 $17,973 Administrative Management 2016 West management Costs Costs Covina costs related to the dispostion of BKK Properties 91 ROPS Admin Costs 01/01/ 06/30/2018 Various Preparation of Merged N$- Preparation 2016 ROPS for SA 101 Loan Unfunded 02/01/ 06/30/2018 City of Loan Merged N$- Agreement Liabilities 2012 West Agreement for Covina the repayment of ROPS approved items that exceeded budgeted amounts 106 Financing City/County 05/02/ 12/31/2021 City of line of credit in 2,831,397 N $2,742,187 2,742,187 $2,742,187 $- Agreement Loan (Prior 06/ 2000 West the amount of 28/11), Cash Covina $5.6 million . exchange The purpose was to bridge shortfalls in RDA revenues. 117 Bond Fees 07/01/ 06/30/2018 Various Bond 5,000 N $5,000 $- 5,000 $5,000 Disclosure 2015 Disclosure costs 119 Interim Fees 07/01/ 06/30/2018 Various Interim 3,000 N $3,000 $- 3,000 $3,000 Arbitrage 2015 Arbitrage A B C D E F G H I J K L I M I N O P Q R S I T I U V W ROPS 20-21A (Jul - Dec) ROPS 20-21 B (Jan - Jun) Item Agreement Agreement Project Total ROPS 20-21A 20-21B Fund Sources Fund Sources # project Name Obligation Type Execution Termination Payee Description Area Outstanding Retired 20-21 Total Total Total Bond Reserve Other RPTTF Admin Bond Reserve Other RPTTF Admin Date Date Obligation Proceeds Balance Funds RPTTF Proceeds Balance Funds RPTTF Report Report 134 BKK License Property 01/01/ 06/30/2018 Various Retention N$- Agreement Maintenance 2017 Basin Emergency Repairs 135 LRPMP Property 07/01/ 06/30/2018 Various BKK Property N$- Disposition Dispositions 2017 Costs 136 1999 Tax Reserves 11/01/ 11/01/2029 US Bank Fund capital N$- Allocation 1999 projects in Bonds Merged Area 140 2017 Tax Refunding 02/07/ 09/01/2030 US Bank Refund items # 13,782,446 N $1,891,194 $- 1,891,194 $1,891,194 Allocation Bonds Issued 2017 1, 2, 4 & 5 Refunding After 6/27/12 Bonds 141 2017 Tax Fees 02/07/ 09/01/2030 US Bank Trustee Fees 2,000 N $2,000 2,000 $2,000 $- Allocation 2017 Refunding Bonds 142 Repay County Third -Party 06/19/ 08/20/2021 County of Repay Loan of 1,880,270 N $1,880,270 1,880,270 $1,880,270 $- Loan Loans 1990 Los Deferred Tax Angeles Increment -was classified as Other Funds instead of RPTTF on FY18-19ROPS 143 Repay County Third -Party 06/19/ 08/20/2021 County of Repay Loan of 1,755,980 N $1,755,980 1,755,980 $1,755,980 $- Loan Loans 1990 Los Deferred Tax Angeles Increment -was classified as Other Funds instead of RPTTF on FY17-18ROPS 144 Anticipated/ Litigation 06/30/ 06/30/2021 Jones & Enforcement of 50,000 N $50,000 25,000 - $25,000 25,000 $25,000 Existing 2020 Mayer & contractual Litigation Various obligations and rights under a 2006 agreement.