HomeMy WebLinkAboutSA RESO 2018-94RESOLUTION NO. 2018 — 94
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, 2018 THROUGH JUNE 30, 2019
(ROPS 18-19) WITH EXPENDITURES TOTALING $10,660,702
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
Resolution No. 2018 — 94
January 16, 2018
Page Two
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
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, 2018 to June 30, 2019 must be adopted, approved and submitted to
the Department of Finance by February 1, 2018; and
WHEREAS, a recognized obligation payment schedule for the period of
July 1, 2018 through June 30, 2019 (ROPS 18-19) with expenditures totaling
$10,660,702 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 18-19 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 annual period; and
Resolution No. 2018 — 94
January 16, 2018
Page Three
WHEREAS, the Successor Agency, now having considered ROPS 18-19,
desires to adopt the ROPS 18-19, subject to the contingencies and reservations set
forth herein: and
WHEREAS, the Successor Agency's ROPS 18-19, 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
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 hereby made
by this reference 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.
Section 3. The Successor Agency's ROPS 18-19, 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 18-19 to the Oversight Board;
Resolution No. 2018 — 94
January 16, 2018
Page Four
(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 18-19, including modifying
and/or amending the ROPS 18-19 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 18-19 by 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.
Section 6. This Resolution shall take effect upon the date of its adoption.
PASSED and ADOPTED this 16t'day of Janua 018.
n Morrison, Chairman
ATTEST:
Michael R. D Ala, City Clerk as
Secretary to the Successor Agency
APPROVED AS TO
i
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 16, 2018 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
0
A
---. JP A# N
ity Clerk ervi g 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. 2018-94 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 16, 2018.
City Clerk Serving as Secret<
to the Successor Agency
By:
Deputy