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HomeMy WebLinkAboutSA RESO 2017-83rr.r RESOLUTION NO. 2017 — 83 RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD JULY 1, 2017 THROUGH JUNE 30, 2018 (ROPS 17-18) WITH EXPENDITURES TOTALING $8,443,472 WHEREAS, the City Council established the Redevelopment Agency of the City of National City (the "Redevelopment Agency') by Ordinance No. 1164, dated April 11, 1967; and WHEREAS, the City Council established the Housing Authority of the City of National City (the "Housing Authority") by Ordinance No. 1484, dated October 14, 1975; and WHEREAS, the City Council established the Community Development Commission of the City of National City (the "CDC") by Ordinance No. 1484, dated October 14, 1975, and vested the CDC with all of the powers, duties, and responsibilities of both the Redevelopment Agency and the Housing Authority, among other matters, for the purpose of enabling the CDC to operate and govern the Redevelopment Agency and the Housing Authority under a single board and as a single operating entity. The CDC acting in its capacity as the Redevelopment Agency of the City of National City is referred to herein as the "CDC -RDA"; and WHEREAS, all California redevelopment agencies, including the Redevelopment Agency and the CDC -RDA, were dissolved on February 1, 2012, and successor agencies were ``' designated and vested with the responsibility of winding down the business and fiscal affairs of the former redevelopment agencies; and WHEREAS, pursuant to AB 26, the City Council adopted Resolution No. 2012-15 on January 10, 2012, electing to be the Successor Agency to the CDC -RDA. The Successor Agency is a legal entity that exists separate and independent from the City. The Successor Agency formally named itself the "Successor Agency to the Community Development Commission as the National City Redevelopment Agency"; and WHEREAS, on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings and equipment of the Redevelopment Agency and the CDC -RDA were transferred by operation of law to the control of the Successor Agency and all authority, rights, powers, duties, and obligations previously vested in the Redevelopment Agency and the CDC - RDA were vested in the Successor Agency, for administration pursuant to Part 1.85 of AB 26; and WHEREAS, in the course of the State's budget process for fiscal year 2012-13 and again for 2015-16, the California legislature and the Governor approved amendments to AB 26 through AB 1484 and SB 107 respectively; and WHEREAS, AB 1484 and SB 107 modified the process through which ROPS are prepared and approved, and the format in which ROPS are submitted to the State Department of Finance; and Resolution No. 2017 — 83 kwo January 17, 2017 Page Two WHEREAS, under AB 26 as amended by AB 1484 and SB 107, each successor agency shall have an oversight board with fiduciary responsibilities to holders of enforceable obligations and the taxing entities that benefit from distributions of property taxes and other revenues pursuant to Health and Safety Code Section 34188; and WHEREAS, the oversight board has been established for the Successor Agency (hereinafter referred to as the "Oversight Board") and all seven (7) members have been appointed to the Oversight Board pursuant to Health and Safety Code Section 34179. The duties and responsibilities of the Oversight Board are primarily set forth in Health and Safety Code Sections 34179 through 34181 of AB 26 as amended by AB 1484 and SB 107; and WHEREAS, per SB 107, the ROPS preparation and approval cycle is now based upon annual periods, and an Oversight Board -approved ROPS for the time period of July 1, 2017 to June 30, 2018 must be adopted, approved and submitted to the Department of Finance by February 1, 2017; and WHEREAS, a recognized obligation payment schedule for the period of July 1, 2017 through June 30, 2018 (ROPS 17-18) with expenditures totaling $8,443,472 has been submitted by the Executive Director for consideration and adoption by the Board of the Successor Agency; and WHEREAS, according to Health and Safety Code Section 34177(I)(1), for each recognized obligation, the ROPS shall identify one or more of the following sources of payment: (i) Low and Moderate Income Housing Funds, (ii) bond proceeds, (iii) reserve balances, (iv) administrative cost allowance, (v) the Redevelopment Property Tax Trust Fund, , and (vi) and other Oversight Board -approved revenue sources allowed under law; and WHEREAS, the ROPS 17-18 shall hereafter be submitted for review and approval to the Oversight Board, and submitted to the County Auditor/Controller, State Department of Finance and State Controller; and WHEREAS, it is the intent of AB 26 as amended by AB 1484 and SB 107 that the ROPS serve as the designated reporting mechanism for disclosing the Successor Agency's payment obligations by amount and source and, subsequent to the audit and approval of the ROPS, the County Auditor/Controller will be responsible for ensuring that the Successor Agency receives revenues sufficient to meet the requirements of the ROPS during each bi-annual period; and WHEREAS, the Successor Agency, now having considered ROPS 17-18, desires to adopt the ROPS 17-18, subject to the contingencies and reservations set forth herein; and WHEREAS, the Successor Agency's ROPS 17-18, which is consistent with the requirements of the Health and Safety Code and other applicable law, is attached to this Resolution as Exhibit "A"; and V Resolution No. 2017 — 83 January 17, 2017 Page Three WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines'), and the City's environmental guidelines; and WHEREAS, this Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines; and WHEREAS, all of the prerequisites with respect to the adoption of this Resolution have been met. NOW, THEREFORE, BE IT RESOLVED by the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, as follows: Section 1. The foregoing recitals are true and correct, and are a substantive part of this Resolution. ( Section 2. The adoption of this Resolution is not intended to and shall not constitute V a waiver by the Successor Agency of any rights the Successor Agency may have to challenge the effectiveness and/or legality of all or any portion of AB 26, AB 1484 or SB 107 through administrative or judicial proceedings. Section 3. The Successor Agency's ROPS 17-18, which is attached hereto as Exhibit "A", is approved and adopted. Section 4. The Executive Director, or designee, is hereby authorized and directed to: (i) provide the ROPS 17-18 to the Oversight Board; (ii) take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution on behalf of the Successor Agency; and (ii) take such other actions and execute such other documents as are necessary to effectuate the intent of AB 26, AB 1484, and SB 107 in regard to ROPS 17-18, including modifying and/or amending the ROPS 17-18 administratively to reflect the most up to date prior period actual cost or cash data, or conform to the direction, guidance, and/or requirements related to ROPS 17-18 by the Department of Finance. Resolution No. 2017 — 83 January 17, 2017 Page Four Section 5. The Successor Agency determines that this Resolution is not a "project' for purposes of CEQA, as that term is defined by Guidelines section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines. Section 6. This Resolution shall take effect upon the date of its adoption. PASSED and ADOPTED this 171 day of January, 2017. n Morrison, Chairman ATTEST: Mich el R. Dalla, Citt Clerk as Secretary to the Successor Agency APPROVED AS TO FORM: George R Eiser, III Interim Successor Agency Counsel V AA c c c Recognized Obligation Payment Schedule (ROPS 17.18) - Summary Filed for the July 1, 2017 through June 30, 2018 Period Successor Agency: National City County: San Diego 17-18A Total 1748E Total Current Period Requested Funding for Enforceable Obligations (ROPS Detail) (July -December) (January - June) ROPS 17-18 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): Centcation of Oversight Board Chairman: Pursuant to Section 34177 (a) of the Health and Safety code, I hereby candy that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. $ 3,531.000 $ - $ 3,531,000 2,531,000 - 2,531,000 1,000,000 - 1.000.000 $ 3,269,489 $ 4,642,983 $ 4,912,472 3.116.196 1,489,690 4,605,885 153,294 153.293 306.587 $ 6.800,489 E 1,642,983 $ 8,443,472 Name Title Signature Date c � � .1 tlry pzgMW OdryYm F,'e" . l dudii-�e'-0.0VS geWI Jdr 1. 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For tips on how to complete the Reoort of Cash Balances Form. see Cash Ralanre nnr shoot A B C D E F G H Fund Sources Bond Proceeds Reserve Balance Other RPTTF Prior ROPS Pnor ROMPS Period balance RPTTF Bonds is d on and OCR RPTT distributed as Rent. Non-Admin or befpre Bonds issued on balancesreserve for future grants, and Cash Balance Information b ROPS Period 12/31/10 ar after 01/01/11 retained-1 penod(s interest. etc. Admin Comments ROPS 15-16B Actuals 01101116-06130116 1 Beginning Available Cash Balance (Actual 01101/16) In column H, the amount is the sum of the 14-15B PPA of $1.028,591 and the reported savings from 15-16A of $1,324,574 832,735 5,238,722 133,201 2.363.165 2 Revenue8ncome (Actual 06/30/16) RPTTF amounts should tie to the ROMPS 15-16B distribution from the f N 826,577 o G. e $900,254 is the In column G. $ County Auditor -Controller during June 2016 amount tl by the as a result of the indemnity claim filed pursuant to the CYAC 29.223 30.876 900,254 5,430.671 litigation 3 Expenditures for ROPS 15-16B Enforceable Obligations (Actual 06130/16) 4p66,224 4 Retention of Available Cash Balance (Actua108/30n6) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 661,958 4 230,938 Cells C4 and 04 are debt service reserves 5 BOPS 15-16B RPTTF Balances Remaining No entry required 1,693,038 6 Ending Actual Available Cash Balance C to G=(1 +2-3-4), H=(7 •2-3.4-5) S - $ 1,038,660 $ - $ - $ 1,033A55 1 $ 1,324,574 National City Recognized Obligation Payment Schedule (ROPS 17-18) -Notes July 1, 2017 through June 30, 2018 Note M mmems Passed and adopted by the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, on January 17, 2017 by the following vote, to -wit: Ayes: Boardmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY 0 RON MORRISON Chairman of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California City Clerk Servinb as Secretary to the Successor Agency Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-83 of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, passed and adopted on January 17, 2017. City Clerk Serving as Secretary to the Successor Agency By: Deputy