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Resolution - 2013-9RESOLUTION NO. 2013-9 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 SCHEDULES OF DISTRIBUTION OF FUTURE TAX REVENUES (RECOGNIZED OBLIGATIONS PAYMENT SCHEDULES "ROPS") FOR THE PERIOD JULY 1 — DECEMBER 31, 2013, 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 AB IX 26 and AB IX 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 ABIX 26, which dissolved all of the redevelopment agencies in the State of California as of February 1, 2012, and struck down AB 1 X 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 July 1, 2013 to December 31, 2013 to the State Department of Finance by March 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 Resolution No. 2013-9 Page 2 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 occurred. 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 Schedule of Distribution of Future Tax Revenues (Recognized Obligations 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 Budgets for the Successor for the six-month period July — December 2013, 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 5. 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 6. 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 on this 5t" day of February 2013. ATTEST: City Clerk La64 Carrico Resolution No. 2013-9 Page 3 I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting held thereof on the 5t" day of February 2013 by the following vote of the City Council: AYES: Herfert, Sotelo, Sykes, Sanderson NOES: None ABSENT: None ABSTAIN: None CiJerk Laurie Carrico APPROVED AS TO FORM: City Attorney ArnAlvarez-Glasman SUMMARY OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE Filed for the July 1, 2013 to December 31, 2013 Period Name of Successor Agency: WEST COVINA (LOS ANGELES) Outstanding Debt or Obligation Total Outstanding Debt or Obligation Current Period Outstanding Debt or Obligation A Available Revenues Other Than Anticipated RPTTF Funding B Enforceable Obligations Funded with RPTTF C Administrative Allowance Funded with RPTTF D Total RPTTF Funded (B + C = D) E Total Current Period Outstanding Debt or Obligation (A + B + C = E) Should be some amount as ROPS form six-month total F Enter Total Six -Month Anticipated RPTTF Funding G Variance (F - D = G) Maximum RPTTFAllowable should not exceed Total Anticipated RPTTF Funding Prior Period (July 1, 2012 through December 31, 2012) Estimated vs. Actual Payments (as required in HSC section 34186 (a)) H Enter Estimated Obligations Funded by RPTTF (lesser of Finance's approved RPTTF amount including admin allowance or the actual amount distributed) Enter Actual Obligations Paid with RPTTF J Enter Actual Administrative Expenses Paid with RPTTF K Adjustment to Redevelopment Obligation Retirement Fund (H - (I + J) = K) L Adjustment to RPTTF (D - K = L) Certification of Oversight Board Chairman: Pursuant to Section 34177(m) of the Health and Safety code, Name 1 hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named agency. /s/ Signature Total $313,066,621 Six -Month Total $5,636,746 $7,067,770 $212,033. $7,279,803 $12,916,549 $7,279,803 Title Date $0 $5,616,065 $4,795,449 $241,173 $579,443 $6,700,360 Oversight Board Approval Date: WEST COVINA (LOS ANGELES) RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 13-14A) - July 1, 2013 through December 31, 2013 Rem If Project Name / Debt Obligation Contract Agreement Execution Date Contract/Agreement Termination Date - payee Description/Project Scope Project Area Total Outstanding Debt or Obligation Total Due During Fiscal Year 2013.14 Funding Source Bond Proceeds Reserve Balance lAdmin Allowance RPTTF Other 5313,066,621 $18,124,391 $0 $1,453,446 $212,033 57,067,770 54,183,300 1 1999 Tax Allocation Bonds 11/1/1999 11/1/2029 - US Bank Fund capital projects in Merged Area Merged 4,998,093 154,400 0 0 0 7,200 0 2 2002 Tax Allocation Bonds 6/1/2002 9/1/2022 US Bank Refund outstanding 1993 bonds Merged 11,164,574 - 981,110 0 0 0 786,536 0 3 2006 Lease Revenues Bonds 9/19/2006 6/1/2036 City of West Covina Reimburse City for SLO Debt Service Merg/Citywide 29'555,769 1,13S,196 0 0 0 567,598 0 4 1998 Housing Set Aside Bonds 4/1/1998 9/1/2025 US Bank Acquisition and rehab of a housing prof Merged 5,625,916 432,682 0 0 0 326,679 0 5 2001 Housing Set Aside Bonds 12/1/2001 9/1/2030 US Bank Development of a senior housing proj Merged 10,599,627 770,195 0 0 0 599,718 0 6 SERAF 2010 Housing Loan 2/16/2010 6/30/2015 Housing Successor Agency Repay SERAF to the housing fund Merged 4,896,981 1,632,328 0 0 0 816,164 0 7 SERAF 2011 Housing Loan 1/18/2011 6/30/2016 Housing Successor Agency Repay SERAF to the housing fund Merged 1,076,382 268,594 0 0 0 134,297 0 8 ODA - The Lakes 6/26/1987 6/30/2038 Gateway Crescent, U.0 Allocated band costs & maim for park structure Merged 1,380,000 250,000 0 0 0 190,000 0 9 CFD Tax Increment Pledge 6/26/1989 9/1/2C22 Fashion Plaza CFO Tax Increment pledged (to CFD Merged 14,427,09S 1,450,000 0 0 0 72S,000 0 10 CSS- CFD 10/19/2004 10/19/2054 Coastal Sage Scurb CFD CFD Assessment Merged 4,694,059 74,835 0 0 0 37,418 0 11 Repay County Loan 6/19/1990 8/20/2021 County of Los Angeles Repay Loan of Defered Tax Increment - Merged 12,171,800 1,366,844 0 0 0 - 1,366,944 0 12 SA Adminstrative Budget SA staff, various Operations for both project areas Merged 16,520,339 484,361 0 0 212,033 0 0 13 City Cooperative Agreement City of West Covina Reimbursement of advanced SA expenses Merged 500,000 150,000 0 0 0 7S,000 0 14 Anticipated/Existing Litigation 3/16/2006 Squire Sanders & Dempsey Enforcement of judgments/obligations Merged 2,400,000 1,200,000 0 0 0 600,OD0 0 15 Antici ated/Existin Litigation Alvarez-Glasman Colvin Enforcement of judgments/obligations Merged 240,000 120,000 0 0 0 60,000 0 16 Anticipated/Existing Litigation Eminent Domain Law Group RDA property litigation Merged - 300,000 100,000 0 0 0 50,000 0 17 Anticipated/Existing Litigation Hunsucker Goldstien RDA property litigation Merged 100,000 S0,000 0 0 0 .25,000 0 18 Project Administrative Costs Various Project specific related costs Merged 0 0 0 0 0 0 0 19 AS 1484 Auditing Fees White Nelson Diehl Evans AS 1464 Auditing Fees Merged 262,500 15,000 0 0 0 15,000 0 20 Oversight Board Legal Services TBO Oversight Board Legal Services Merged 0 0 0 0 0 0 0 21 Successor Agency Legal Services Alvarez-Glasman Colvin Successor Agency Legal Services Merged 0 0 0 0 0 0 0 22 Property Management Plan TBO Long -Range Property Management Plan per AS 1484 Merged 300,000 300,000 0 0 0 300,000 0 28 tm 1996 CFD Refunding Bonds 7/1/1996 9/1/2022 US Bank Fund Fashion Plaza improvements Merged 43,711,800 3,944,550 0 0 0 0 3,030,600 29 1988 Lease Rev Refunding Bonds 8/1/1998 8/1/2018 Wells Fargo Bank Fund Lakes Parking Project Merged 3,831,000 539,900 0 0 0 0 502,700 30 OPA - CFO 6/26/1989 9/1/2022 Westfield Corporation CFO admin and developer repayment Merged 95,123,569 650,000 0 0 0 0 650,000 31 Anticipated/Existing Litigation 3/16/2006 Squire Sanders & Dempsey Enforcement of 'ud ments/obli ations Feb -Jun 2012 Merged 0 0 0 0 0 0 0 32 Anticipated/Existing Litigation 3/16/2006 Squire Sanders & Dempsey Enforcement of judgments/obligations Jul -Dec 2012 Merged 0 0 0 0 0 0 0 33 Anticipated/Existing Litigation 3/16/2006 Alvarez-Glasman Colvin Enforcement of judgments/obligations Feb-lun 2012 Merged 0 0 0 0 0 0 0 34 Anticipated/Existing Litigation 3/16/2006 Alvarez-Glasman Colvin Enforcement of judgments/obligations Jul-Oec 2012 Merged 0 0 0 - 0 0 0 0 35 Anticipated/Existing Litigation Eminent Domain Law Group RDA property litigation: Feb -Jun 2012 Merged 0 0 0 0 0 0 0 36 Anticipated/Existing Litigation Eminent Domain Law Group RDA property litigation: Jul -Dec 2012 Merged 0 0 0 0 0 0 0 37 Anticipated/Existing Litigation Hunsucker Goldstien RDA property litigation: Feb -Jun 2012 Merged 0 0 0 0 0 0 0 38 Anticipated/Existing Litigation Hunsucker Goldstien RDA property litigation: Jul -Dec 2012 Merged 0 0 0 0 0 0 0 39 Successor Agency Legal Services - Alvarez-Glasman Colvin Successor Agency Legal Services: Feb -Jun 2012 Merged 0 0 0 0 0 0 0 40 Successor Agency Legal Services Alvarez-Glasman Colvin ISucceswr Agency Legal Services: Jul -Dec 2012 IMerged 01 0 0 1 0 1 0 0 1 0 1998-2006 Bonds Per bond documents Individual bond dates US Bank Bond Fiscal Agent Fees Merged 16,000 0 O 0 45 7,500 0 46 1998.2006 Bonds Per bond documents Individual bond dates Wells Fargo Bank Bond Letter of Credit Fees Merged 58,080 0 0 0 29,040 0 47 1998 - 2006 Bonds Per bond documents Individual bond dates Wells Fargo Bank Bond Remarketing Fees Merged 4,800 0 0 0 2,400 0 48 1998 - 2006 Bonds Per bond documents Individual bond dates Standard and Poors Bond Credit Agency Surveilance Fees Merged 2,000 0 0 0 2,000 0 49 Anticipated/Existing Litigation Law Office of Robert Gooko RDA property litigation - BKK slope failure Merged 375,000 200,000 0 0 0 300,OD0 0 50 Unfunded Pension Uabilities ongoing CaIPERS Payment for unfunded pension obligations Merged 1,341,967 89,464 0 0 0 44.732 0 51 Retirement Benefits ongoing Former employee Payment for retirement obligations Merged 1,197.721 25,924 0 0 0 12,962 0 52 POPS 1 RORF Reserve City of West Covina lAdjustment to Redevelopmt Obligation Retirement Fund Mer ed 1,453,446 1,453,446 0 1,453,446 0 0 0 53 Outstanding Pass Through Obligations Various taxingentities Consultant for POPS and property management plan Mer ed 168,682 168,682 0 0 0 168,682 0 54 Contractual Services ROPS/Property Plan Gonsalves and Sons Landfill closure mitigation to approved recreation use Imerged 72,000 36.000 0 0 0 18,000 0 55 1 BKK Landfill Closure Agreements Various Landfill closure mitigation to approved recreation use I Merged 45,578,311 0 0 0 0 0 0 Six -Month Total $12,916,549 7,200 786,536 567,598 326,679 599,718 816,164 134,297 190,000 725,000 37,418 1,366,844 212,033 75,000 600,000 60,000 50,000 25,000 0 15,000 0 0 300,000 0 0 0 0 0 3,030,600 502,700 650,000 0 0 0 0 0 0 C 0 0 0 0 0 0 0 7,500 29,040 2,400 2,000 100,000 44,732 12,962 1.453,446 168,682 18,000 0 WEST COVINA )LOS ANGELES) Pursuant to Health and Safety Code section 34196 (a) PRIOR PERIOD ESTIMATED OBLIGATIONS vs. ACTUAL PAYMENTS RECOGNIZED OBLIGATION PAYMENT SCHEDULE PROPS III July 1, Z012 through December 31, 2012 Item p IPMjectNamej ebt Obligation Payee Description/Project Scope Project Area LMIHF Bond Proceeds Reserve Balance Admin Allowance RPTTF Oth Estimate Actual Estimate Actual Estimate Actual Estimate Actual Estimate Actual Estimate $0 $0 $0 SO SO 50 $241,173 $241,173 $5,374,892 54,795,449 $3,683.700 1 19% Tax Allocation Bonds US Bank Fund capital grolects in Mer ed Area Merged 171,600 157,696 2 2002 Tax Allocation Bonds US Bank Refund ouItsdmg 1993 bonds - Merged 782,736 781,186 3 1996 CFO Refunding Bonds US Bank Fund Fashion Plaza Im ovemenb Me 0 0 2,798,700 4 1988 Lease Rev Ref, Ends WeILs Far Bank Fund the Lakes Parkin P Merged462,740 0 5 2D06 Lease Revenues Bonds O of West Covina Reimburse C for eLD Debt Service Mer ids 563,490 563,500 6 1998 Housi Set Aside Bonds US Bank A uisnion and rehab of a Aousin Merged 330,729 330.529 7 2001 Heusi Set Asitle Bonds US Bank Dove of a senior hou Mer ed 591,717 591.592 8 SERAF 2010 II.—M Loan Hcusm Successor A R SE RAF to me nousi fund C' - 816.164 816,164 9 RA SEF 2011 Heusi Loan Housin Successor A R a SERAF to the housin fund C 133.297 133,297 10 OCA - The lakes Various Bond admin 8 maim for park structure Mer 135,000 198.307 11 OPA - CFO Westfield et all C F D admin 6 Dev re room Merged 0 0 885.000 12 CFO Tax Increment Pled Plaza CFO Tax Increment led Do CFD M 0 0 13 CSS -CFD CSS Com Fac Dist CFO Assessment merw 37,419 36,694 14 S82557 Admin County of Los Angeles Tax Collectlon Services memm 0 0 15 Paasthm Other taxing entities Passmrus pw agreements and Code Merged 0 0 i6 Ra Coun loan Cou of Los Angeles R Loan of Deferetl Tax Increment Merged 1,350.OD0 1,186.494 17 Non nnNo ratklrt cast Various Operations for both m areas Merged 0 0 18 Administrative Allowance Various employees Salaries and benefits for noel Mer M 241,173 204,940 0 0 19 Antici ed/Existi L'4' twn Vanous Enforcement of oW' twos Mer ed 0 0 20 C' Note-Admwistrdtion City of West Covina R C' for admin8constnxtan Merged 0 0 21 C- Note-CIP C' of West Canna Re C" forUdal d Merged 0 22 City Note Rilv.Mno City of West Covina R ay C' for re, v4d4 Merged 1 0 0 23 Sales Tax Reimbursement Reimburse Cry for CFD Sales Tax Merged 0 0 24 ____CdvofWsstCovina GoH CourseA rearrent Varous Golf Course) IementalionAgreement Merged 0 0 25 Resenefor ROP53 Admin Allowance Various Satan -and benefits for personnel Merged 0 36,233 Actual $3.693.700 2,798,700 885,000 Successor Agency to the West Covina Redevelopment Agency Administrative Budget Used for July -Dec 2013 ROPS Annual July -Dec Amount 2013 Salaries & Benefits 340,150 170,075 M&O Consultants 25,000 12,500 Legal Fees 30,000 15,000 Phone 908 454 Cell Phone 720 360 Supplies 2,500 1,250 A & 0 65,000 32,500 Liability Insurance 16,800 8,400 Subtotal 140,928 70,464 Total Budget 481,078 240,539 Attachment 3 Administrative BudgetAdmin Budget 2013-141/31/2013