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01-15-2019 - AGENDA ITEM 06 APPROVAL AND TRANSMITTAL OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE “ROPS” PURSUANT TO HEALTH AND SAFETY CODE SECTION 34AGENDA ITEM NO. 6 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: January 15, 2019 TO: Mayor and City Council FROM: Chris Freeland City Manager SUBJECT: APPROVAL AND TRANSMITTAL OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE `BOPS" PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179.7(0)(1), FOR THE PERIOD OF JULY 1, 2019 THROUGH JUNE 30, 2020 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.2019-04 — 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, 2019 THROUGH JUNE 30, 2020 BACKGROUND: In 2011, the State of California began the process to eliminate redevelopment agencies (RDA) that served as the economic development arm of cities. Effective February 1, 2012, some 400 redevelopment agencies in California were eliminated and replaced with Successor Agencies that were tasked to wind -down the operations of the former RDAs. In accordance with Health and Safety Code Section 34179.7(0)(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, 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 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, 2019 through June 30, 2020. 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, 2019. 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 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, 2019 through June 30, 2020. 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 numbers 12, 19, 21, 54 and 91. The total amount of funding requested for enforceable obligations from the Redevelopment Property Tax Trust Fund (RPTTF) on ROPS 19-20 is $21,138,015 and includes many of the same items that have been previously approved by DOE LEGAL REVIEW: The Successor Agency Counsel has reviewed and approved this staff report, resolution and the Recognized Obligation Payment Schedule. Prepared by: Marcie Medina, Finance Director Additional Approval: Paulina Morales, Economic Development & Housing 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. 2019-04 Exhibit A - WC ROPS 19-20 Exhibit B - Administrative Budget ROPS 19-20 ATTACHMENT NO.1 RESOLUTION NO.2019-04 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, 2019 THROUGH JUNE 30, 2020 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, 2019 to June 30, 2020, 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, 2019; 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 "ROPS" 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, 2019 — June 30, 2020, 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 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 full force. APPROVED AND ADOPTED at a regularly scheduled meeting held on this 15`h day of January, 2019. Lloyd Johnson Chairman APPROVED AS TO FORM: ATTEST: Scott E. Porter City Attorney Nickolas S. Lewis Secretary EXHIBIT B SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY ADMINISTRATIVE BUDGET July 1, 2019 to June 30, 2020 Annual Amount July - Dec 2019 Jan - June 2020 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