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01-19-2021 - AGENDA ITEM 16 CONSIDERATION OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179.7(O)(1), FOR TAGENDA ITEM NO. 16 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: January 19, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179.7(0)(1), FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2022 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.2021-02 — 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, 2021 THROUGH JUNE 30, 2022 BACKGROUND: In accordance with Health and Safety Code Section 34177(o)(1), the Successor Agency is required to file a Recognized Obligation Payment Schedule ("ROPS") annually 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, costs 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 the ROPS if they are to be funded by distributions of future tax increment dollars. These items are not debt obligations of the City of West Covina. DISCUSSION: The ROPS schedule (Attachment No. 1— Exhibit A) lists all amounts that will be paid for the period of July 1, 2021 through June 30, 2022. Once the ROPS is approved by the Successor Agency and Oversight Board, it then must be forwarded to the State Department of Finance (DOF) by February 1, 2021. 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. Many of the obligations listed on the ROPS are West Covina Recognized Obligation Payment Schedule (ROPS 21-22) - Report of Cash Balances July 1, 2018 through June 30, 2019 (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 I G H Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Prior ROPS ROPS 18-19 Cash Balances RPTTF and Comments (07/01/18 - 06/30/19) Bonds issued Bonds issued Reserve Rent, grants, Non-Admin before on o r before on or after Balances retained interest, etc. and Admin 12 01/01/11 for future period(s) 1 Beginning Available Cash Balance (Actual 07/01118) 2,207,738 8,286,482 RPTTF amount should exclude "A" period distribution amount. 2 Revenue/Income (Actual 06/30/19) 2,013,869 8,972,197 RPTTF amount should tie to the ROPS 18-19 total distribution from the County Auditor -Controller 3 Expenditures for ROPS 18-19 Enforceable Obligations 2,207,738 9,966,905 (Actual 06/30/19) 4 Retention of Available Cash Balance (Actual 06/30/19) 2,013,869 3,763,632 RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 5 ROPS 18-19 RPTTF Prior Period Adjustment 263,731 RPTTF amount should tie to the Agency's ROPS 18-19 PPA No entry required form submitted to the CAC 6 Ending Actual Available Cash Balance (06/30/19) $- $- $- $- $3,264,411 C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) EXIIIBIT B SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY ADMINISTRATIVE BUDGET July 1, 2021 to June 30, 2022 Salaries & Benefits $ Maintenance & Operations Consultants Legal Fees Overhead Annual Amount Jul - Dec 2021 Jan - Jun 2022 73,700 $ 36,850 $ 36,850 30,000 15,000 15,000 40,000 20,000 20,000 106,300 53,150 53,150 Subtotal 176,300 88,150 88,150 Total Budget $ 250,000 $ 125,000 $ 125,000 EASUCCESSOR AGENMROPS\ROPS 21-22 (July2021 -June 2022)\Admin Budget\Administrative Budget ROPS 21-22 estimates, i.e. variable rate debt service payments, litigation, etc The Successor Agency is also required to adopt an administrative budget for each annual period. Attachment No. 1— Exhibit B to this report is the administrative budget for the Successor Agency for the period of July 1, 2021 through June 30, 2022. This budget is to be funded by the administrative allowance, which is 3% of the enforceable obligations, after loan payments, or $250,000 annually; whichever is greater. The City will absorb any administrative costs above this administrative allowance. These administrative costs can also be found in the ROPS (Attachment No. 1 — Exhibit A) line item number 12. The total amount of funding requested for enforceable obligations from the Redevelopment Property Tax Trust Fund (RPTTF) on ROPS 21-22 is $23,198,353 and includes many of the same items that have been previously approved by DOE LEGAL REVIEW: The Successor Agency Counsel has reviewed the resolution and approved it as to form. Prepared by: Robbeyn Bird, Finance Director Additional Approval: Mark Persico, Assistant City Manager 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 Attachment No. 1 - Resolution No. 2021-02 Exhibit A - ROPS 21-22 Exhibit B - Successor Agency Administrative Budget for July 1, 2021 through June 30, 2022 CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Enhance City Facilities and Infrastructure ATTACHMENT NO.1 RESOLUTION NO.2021-02 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, 2021 THROUGH JUNE 30, 2022 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, has five consolidated oversight boards each encompassing the five supervisorial districts; WHEREAS, pursuant to Health and Safety Code section 34177 (o)(1), requires that the ROPS for the period from July 1, 2021 to June 30, 2022, 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, 2021; 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, 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 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 3. The Administrative Budget for the Successor Agency for the annual period of July 1, 2021 — June 30, 2022, 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 Calfornia 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 furtherance of approval of the Recognized Obligation Payment Schedule and Administrative Budgets. SECTION 5. The Secretary shall certify as to the passage and adoption of this Resolution, and it shall thereupon take effect and be in fA force. APPROVED AND ADOPTED at a regularly scheduled meeting held on this 19th day of January, 2021. Letty Lopez-Viado Chair APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick Counsel Secretary EXHIBIT A Recognized Obligation Payment Schedule (ROPS 21-22) - Summary Filed for the July 1, 2021 through June 30, 2022 Period Successor Agency: West Covina County: Los Angeles Current Period Requested Funding for Enforceable 21-22A Total 21-22B Total ROPS 21-22 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. $ 17,648,724 $ 5,549,629 $ 23,198,353 17,648,724 5,549,629 23,198,353 $ 17,648,724 $ 5,549,629 $ 23,198,353 Name Title /s/ Signature Date West Covina Recognized Obligation Payment Schedule (ROPS 21-22) - ROPS Detail July 1, 2021 through June 30, 2022 A B C D E F G H I J K L M N 1 O P Q R S I T U V W ROPS 21-22A (Jul - Dec) ROPS 21-22B (Jan -Jun) Item Agreement Agreement Project Total ROPS 21- 21-2 Fund Sources Fund Sources # Project Name Obligation Type Execution Termination Payee Description Area Outstanding Retired 21-22 Total Totatall Total Bond Reserve Other RPTTF Admin Bond Reserve Other RPTTF Admin Date Date Obligation Proceeds Balance Funds RPTTF Proceeds Balance Funds RPTTF $76,787,941 $23,198,353 $- $- $- $17,648,724 $- $17,648,724 $- $- $- $5,549,629 $- $5,549,629 3 2006 Lease Bond 09/19/ 06/01/2036 City of Reimburse City Merg/ 22,404,351 N $1,389,328 402,164 $402,164 987,164 $987,164 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 607,326 N $536,654 268,327 $268,327 268,327 $268,327 Housing Loan 2010 Successor to the housing Agency fund 7 SERAF 2011 SERAF/ERAF 01/18/ 08/01/2022 Housing Repay SERAF Merged 140,547 N $124,192 62,096 $62,096 62,096 $62,096 Housing Loan 2011 Successor to the housing Agency fund 8 DDA - The OPA/DDA/ 06/26/ 06/30/2038 Stillwater Maintenance Merged 350,000 N $350,000 - $- 350,000 $350,000 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 Scrub 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 250,000 N $250,000 125,000 $125,000 125,000 $125,000 Administrative 2014 Various for both project Budget areas 13 City City/County 02/15/ 06/30/2018 City of Reimbursement Merged - N$- 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 - I 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 I admin & A B C D E F G H I J K L I M I N 1 O P Q R I S T I U V W ROPS 21-22A (Jul - Dec) ROPS 21-22B (Jan - Jun) Item Agreement Agreement Project Total ROPS 21-22A 21-22B Fund Sources Fund Sources # Project Name Obligation Type Execution Termination Payee Description Area Outstanding Retired 21-22 Total Total Total Bond Reserve Other RPTTF Admin Bond Reserve Other RPTTF Admin Date Date Obligation Proceeds Balance Funds RPTTF Proceeds Balance Funds RPTTF 28/11), Other Covina construction 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 611,890 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 9,523,100 N $4,470,950 4,323,800 $4,323,800 147,150 $147,150 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 33,400 N $33,400 14,300 $14,300 19,100 $19,100 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 48,000 N $48,000 24,000 $24,000 24,000 $24,000 Services ROPS Services 2013 and Sons ROPS and property management plan 55 BKK Landfill Remediation 04/17/ 06/30/2018 Various Landfill closure Merged N$- 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 A B C D E F G H I J K L I M I N 1 O P Q R I S T I U V W ROPS 21-22A (Jul - Dec) ROPS 21-22B (Jan - Jun) Item Agreement Agreement Project Total ROPS 21-22A 21-22B Fund Sources Fund Sources # Project Name Obligation Type Execution Termination Payee Description Area Outstanding Retired 21-22 Total Total Total Bond Reserve Other RPTTF Admin Bond Reserve Other RPTTF Admin Date Date Obligation Proceeds Balance Funds RPTTF Proceeds Balance Funds RPTTF 67 Project Project 09/27/ 06/30/2018 Various Project specific Merged 30,000 N $30,000 15,000 $15,000 15,000 $15,000 Administrative Management 2011 related costs Costs Costs for environmental land use consulting for BKK Landfill 73 Loan Unfunded 09/16/ 06/30/2018 City of Reimbursement Merged N$- 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 820,185 N $820,185 820,185 $820,185 $- 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 A B C D E F G H I J K L I M I N 1 O P Q R I S T I U V W ROPS 21-22A (Jul - Dec) ROPS 21-22B (Jan - Jun) Item Agreement Agreement Project Total ROPS 21-22A 21-22B Fund Sources Fund Sources # Project Name Obligation Type Execution Termination Payee Description Area Outstanding Retired 21-22 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 119 Interim Fees 07/01/ 06/30/2018 Various Interim 3,000 N $3,000 $- 3,000 $3,000 Arbitrage 2015 Arbitrage Report Report 134 BKK License Property 01/01/ 06/30/2018 Various Retention - N$- 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 # 9,430,391 N $1,654,819 $- 1,654,819 $1,654,819 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 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. 145 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 146 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