HomeMy WebLinkAboutSA RESO 2017-92RESOLUTION NO. 2017 — 92
RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION AS
THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING
AN INCREASE IN THE AMOUNT OF $383,203 TO THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD
JANUARY 1, 2018 THROUGH JUNE 30, 2018 (AMENDED ROPS 17-18B),
AND AUTHORIZING A CORRESPONDING INCREASE IN THE SUCCESSOR
AGENCY'S BUDGET FOR FISCAL YEAR 2018, BASED ON SUCCESSOR
AGENCY FUND BALANCE, UPON APPROVAL OF THE AMENDED
ROPS 17-18B BY THE STATE DEPARTMENT OF FINANCE
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, as part of the FY 2012-2013 State budget package, on June 27,
2012, the Legislature passed and the Governor signed Assembly Bill No. 1484 ("AB 1484",
Chapter 26, Statutes 2012). Although the primary purpose of AB 1484 is to make technical and
substantive amendments to AB 26 based on issues that have arisen in the implementation of
AB 26, AB 1484 imposes additional statutory provisions relating to the activities and obligations
of successor agencies and to the wind down process of former redevelopment agencies; and
Resolution No. 2017 — 92
September 19, 2017
Page Two
WHEREAS, the Successor Agency is required to undertake several actions
pursuant to Part 1.85 of AB 26 as amended by AB 1484, including submitting additional
information with the ROPS and in a changed format as set by the Department of Finance; and
WHEREAS, under AB 26 as amended by AB 1484, 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
WHEREAS, SB 107, a trailer bill to the Fiscal Year 2015-16 Budget for the State
of California, extended the existence and operation of the Oversight Board, changed the ROPS
preparation cycle from six month periods to annual periods, and required the preparation and
approval by the Successor Agency, and the approval by the Oversight Board of a recognized
obligation payment schedule for the period of July 1, 2017 through June 30, 2018 (ROPS 17-18)
on or before February 1, 2017; and
�+ WHEREAS, according to Health and Safety Code Section 34177(I)(1) of AB 26,
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,
but only to the extent no other funding source is available or when payment from property tax
revenues is required by an enforceable obligation or by the provision of Part 1.85 of AB 26, and
(vi) and other revenue sources; and
WHEREAS, it is the intent of AB 26, as modified by 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 as
specified in AB 26, 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 annual period; and
WHEREAS, on January 17, 2017 the Successor Agency approved the ROPS 17-
18 and submitted it for review and approval to the Oversight Board; and
WHEREAS, on January 18, 2017, the Oversight Board considered and approved
ROPS 17-18 as submitted by the Successor Agency, subject to the contingencies and
reservations set forth therein; 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, was submitted for review
�I and approval to the County Auditor/Controller, State Department of Finance and State
Controller; and
Resolution No. 2017 — 92
September 19, 2017
Page Three
WHEREAS, on March 31, 2017 the State Department of Finance issued its
determination letter regarding ROPS 17-18 wherein it approved all items listed and authorized
the distribution of Redevelopment Property Tax Trust Fund (RPTTF) monies to the Successor
Agency in the amount of $3,269,489 for the ROPS 17-18A period and $1,642,983 for the ROPS
17-18B period; and
WHEREAS, SB 107, in addition to creating an annual ROPS cycle as noted
above, provided per Health and Safety Code Section 34177(o)(1)(E) that once per ROPS
period, and no later than October 1, a successor agency may submit one amendment to the
approved ROPS for that period provided that the oversight board makes a finding that a revision
is necessary for the payment of approved enforceable obligations during the second one-half of
the ROPS period, which shall be defined as January 1 to June 30, inclusive; and
WHEREAS, the Successor Agency, now having considered and found an
increase to Item 12 in the amount of $100,000, to Item 176 in the amount of $273,203, and to
Item 179 in the amount of $10,000 to be necessary for the payment of approved obligations
during the second one-half of the ROPS 17-18 period, desires to approve the Amended ROPS
17-18B, which is attached to this Resolution as Exhibit "A"; and
WHEREAS, this Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of
kA/ 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 approval 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
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.
�i Section 3. The Successor Agency's Amended ROPS 17-18B, which is attached
hereto as Exhibit "A", is approved and adopted.
Resolution No. 2017 — 92
460 September 19, 2017
Page Four
Section 4. The Executive Director, or designee, is hereby authorized and directed to:
(i) provide the Amended ROPS 17-18B 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 Amended ROPS 17-18B, including modifying and/or
amending the Amended ROPS 17-18B administratively to conform
to the direction, guidance, and/or requirements related to
Amended ROPS 17-18B by of the Department of Finance.
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.
v Section 6. This Resolution shall take effect upon the date of its adoption.
PASSED and ADOPTED this 191h day of September,
Morrison, Chairman
ATTEST:
Mic ael R. Dall , City Clerk as
Secretary to the Successor Agency
APPROVED AS TO FORM:
Succ 6r Agency Counsel
Passed and adopted by the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California, on
September 19, 2017 by the following vote, to -wit:
Ayes: Boardmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman of the Successor Agency to the
Community Development Commission
as the Redevelopment Agency of the
City of National City, California
:2
"&, . 4 )JI Ap, &
City Clerk Serhing 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. 2017-92 of the Successor Agency to the Community Development
Commission as the Redevelopment Agency of the City of National City, California,
passed and adopted on September 19, 2017.
City Clerk Serving as Secretary
to the Successor Agency
By:
Deputy