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Home My WebLink AboutSA RESO 2018-99RESOLUTION NO. 2018 — 99 RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD JULY 1, 2019 THROUGH JUNE 30, 2020 (ROPS 19-20) WITH EXPENDITURES TOTALING $9,253,399, APPROVING THE ASSOCIATED ADMINISTRATIVE BUDGET, AND APPROVING THEM TO BE SUBMITTED TO THE COUNTY OF SAN DIEGO COUNTYWIDE REDEVELOPMENT SUCCESSOR AGENCY OVERSIGHT BOARD 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, Health and Safety Code section 34177(I) requires each successor agency to prepare a Recognized Obligation Payment Schedule prior to each upcoming fiscal period and submit it for approval to its oversight board; and WHEREAS, a recognized obligation payment schedule for the period of July 1, 2019 through June 30, 2020 (ROPS 19-20) with expenditures totaling $9,253,399 has been submitted by the Executive Director for consideration and approval by the Board of the Successor Agency; and WHEREAS, the ROPS 19-20 shall hereafter be submitted for review and approval to the County of San Diego Countywide Redevelopment Successor Agency Oversight Board, and submitted to the County Administrative Officer, County Auditor/Controller, State Department of Finance, and State Controller as required by Health and Safety Code section 34177(1); and Resolution No. 2018 — 99 December 18, 2018 Page Two WHEREAS, an Administrative Budget for the Successor Agency for the ROPS 19-20 period with estimated expenditures totaling $250,000 has been submitted by the Executive Director for consideration and approval by the Board of the Successor Agency; and WHEREAS, the ROPS 19-20 Administrative Budget shall hereafter be submitted for review and approval to the County of San Diego Countywide Redevelopment Successor Agency Oversight Board; and WHEREAS, the Successor Agency, now having considered ROPS 19-20 and the associated Administrative Budget, desires to approve the ROPS 19-20 and the ROPS 19-20 Administrative Budget; and WHEREAS, the Successor Agency's ROPS 19-20, 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, the Successor Agency's ROPS 19-20 Administrative Budget, which is consistent with the requirements of the Health and Safety Code and other applicable law, is attached to this Resolution as Exhibit "B"; 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 Successor Agency's ROPS 19-20, which is attached hereto as Exhibit "A", is approved. SECTION 3. The Successor Agency's ROPS 19-20 Administrative Budget, which is attached hereto as Exhibit "B", is approved. SECTION 4. The Executive Director, or designee, is hereby authorized and directed to: Resolution No. 2018 — 99 December 18, 2018 Page Three (i) submit the ROPS 19-20 and the ROPS 19-20 Administrative Budget to the County of San Diego Countywide Redevelopment Successor Agency Oversight Board for approval in such format as may be directed by the Oversight Board or the County of San Diego; and (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 comply with Health and Safety Code 34177 with regard to ROPS 19-20, and to amend the ROPS 19-20 administratively to reflect the most up to date prior period actual cost or cash data, or to conform to the direction, guidance, and/or requirements related to ROPS 19-20 by the Oversight Board, Department of Finance, or other reviewing agencies. SECTION 4. 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 5. This Resolution shall take effect upon the date of its adoption. PASSED and ADOPTED this 18th day of Decembe 18. n Morrison Chairman ATTEST: s Michael R. Dall , City Clerk as Secretary to the Successor Agency Passed and adopted by the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California, on December 18, 2018 by the following vote, to -wit: Ayes: Boardmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. IFWAIST �[7M Abstain: None. AUTHENTICATED BY: By: RON MORRISON Chairman of the Successor Agency to the Community Development Commission as the Redevelopment Agency of the City of National City, California .4 City ClerR Ser#g as Secretary to the Suc essor Agency I HEREBY CERTIFY that the above and foregoing is a RESOLUTION NO. 2018-99 of the Successor Agency to Commission as the Redevelopment Agency of the Cit passed and adopted on December 18, 2018. Deputy y full, true and correct copy of the Community Development of National City, California, City Clerk Serving as Secretary to the Successor Agency By: Deputy National City Recognized Obligation Payment Schedule (ROPS 19-20) - Notes July 1, 2019 through June 30, 2020 Item # Notes/Comments 12 A total of $233,200 is requested, including a projected carryover of $113,200 from ROPS 18-19 and new RPTTF funding in the amount of $120,000. Ensafe's role is to provide environmental support services for site remediation of the Paradise Creek Park project, including soil characterization and reporting, soil excavation and import monitoring, and preparation of the removal action completion report. The full scope of the work was not determined until after the remediation plan was finalized, which, as noted above, was subsequent to the approval of ROPS 18-19. (See related Items 13 and 176.) For both Items 12 and 13, the costs are the best estimates at this time. Should there be any unexpected issues that develop during the remediation process, these costs are subject to change. 13 A total of $80,500 is requested, including a carryover of $60,500 from ROPS 18-19 and new RPTTF funding of $20,000. DTSC will continue to perform regulatory oversight activities during site remediation of the Paradise Creek Park project as well as review the completion report. (See related Items 12 and 176.) For both Items 12 and 13, the costs are the best estimates at this time. Should there be any unexpected issues that develop during the remediation process, these costs are subject to change. 110 The County's Environmental Services Department has oversight responsibility for these monitoring the remediation monitoring requirements that are defined in Item 111. Funding requests for these costs continue to be on an estimated basis. 111 A total $36,300 is requested, including a carry over of $6,300 from ROPS 18-19 and $30,000 from RPTTF. Staff is working with Geosyntec to review and identify remaining ongoing Successor Agency remediation monitoring requirements as well as those monitoring requirements that can be closed. Funding requests for these costs continue to be on an estimated basis. (See related Item 110.) 176 ROPS 18-19 included $5,600,000 for Item 176 as the best available estimate for environmental remediation of the WI-TOD housing project park site. Subsequent to the approval of ROPS 18-19, a remediation plan was approved by the California Department of Toxic Substances Control (DTSC). In October 2018, a contract in the amount of $5,219,250 was awarded for this work. A 25% contingency, in the amount of $1,304,813, was also authorized given the high volume of contaminated soil that must be hauled off to an out-of-state Class 1 landfill, resulting in a potential total project cost of $6,524,063. Of the $6.5 million potential cost, funding in the amount of $223,822 is coming from non -Successor Agency sources, leaving an up -to cost of $6,300,241 for the Successor Agency. This amount exceeds the ROPS 18-19 estimate of $5,600,000 by $700,241. As a result, ROPS 19-20, Item 176, includes a request for $476,505 from RPTTF monies and $223,736 from Other Funds to ensure that adequate funding is available timely to complete the remediation work. While the work on the project is scheduled to begin in late December and be completed in the summer, weather or as yet unknown other conditions may affect the timeline and, therefore, to ensure that there are no interruptions in funding, $3.6 million of the $5,600,000 from ROPS 18-19 is requested to be carried over to ROPS 19-20. (See related Items 12 and 13.) National City Recognized Obligation Payment Schedule (ROPS 19-20) - Report of Cash Balances July 1, 2016 through June 30, 2017 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (1), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet. A B C D E F G H Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Prior ROPS RPTTF and Reserve Rent, Non-Admin ROPS 16.17 Cash Balances Bonds issued on or Bonds issued on or Balances retained for Grants, and (07/01/16 - 06/30117) before12/31/10 after 01 /01 /11 futureperiod(s) Interest, etc. Admin I Comments 1 Beginning Available Cash Balance (Actual 07/01116) RPTTF amount should exclude "A" period distribution amount F2: $1,000,000 was applied to ROPS 17-18 and 661,958 5,269,598 3,017,613 1,033,455 0 $33,455 was applied to ROPS 18-19 2 Revenue/Income (Actual O6/30/17) RPTTF amount should tie to the ROPS 16-17 total distribution from the County Auditor -Controller G2: ROPS 16-17A $6,128,008; ROPS 16-17B 6,604 223,736 10,599,517 $4,471,609 3 Expenditures for ROPS 16-17 Enforceable Obligations (Actual 06/30117) E3: $369,191 was authorized to be spent via 14,792 55,512 369,191 7,467.995 Amended ROPS 16-17B 4 Retention of Available Cash Balance (Actual 06/30/17) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) C4 & D4: Cash with fiscal agent debt service 647,166 4,175,426 reserves 5 ROPS 16-17 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 16-17 PPA form G5: This amount should be adjusted to submitted to the CAC $2,748,319. a reduction of $383,203. This amount No entry required represents the difference between the original $2,531,000 in reserve balance authorized in ROPS 17-18 and the Amended ROPS 17-18B authorized amount of $2,914,203. See comment 3,131,522 re: E6 in 1-16. 6 Ending Actual Available Cash Balance (06/30117) C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3.4 - 5) E6: $2,531,000 in reserve balance was applied to ROPS 17-18 and $117,422 was applied to ROPS 18-19, which utilized the remaining balance of $2,648,422. F6: Amount available is actually $ 0 $ 1,045,264 $ 2,648,422 $ 1,257,191 $ 0 $223,736. See comment in H1. National City Recognized Obligation Payment Schedule (ROPS 19-20) - ROPS Detail July 1, 2019 through June 30, 2020 Re rt Amounts in Whole Dollars p B C D E F G X I J K L N N O P D R S T U V W 19-20A July - December) 19-208(January -June Fund Sources Fund Sources CgnbectAgre.meM CTernin A9reemeM TeW,Ctfigdhg ROT§1420 19-i0A 19-2013 Item# Pro7eMNamdDeolOdgatiOn O51igeEon TYP. Exemtion Dale Tpmination Dale Payee DeecnptonlPmgd Smpa Pmjed Asa Ddt Or Ddgalbn Rdstl TOW Bend Proceatls Reserve Bdmhm OItw FMta RPTTF gdmin RPtTF Tuts) Bone Proceeds Reserve Balance Omer Funds RPU4. Atlmin RPTTF otal Total $ SB,3T5.d29 $ 9.Z54,t49 § 0 $ 3,915.572 $ 223,J36 $ 4,340,131 $ 250.000 E 8729,439 $ 0 E 0 § 0 E 524,T10 § 0 $ 524.110 12 WTCO(DDAICo-opRond OPAhDDAlCaetnhNon 2/152mi 63p2020 City of National Cilyi Remediaton Plannig Merged 233,200 N $ M.= 113.200 1201000 $ 23a200 $ DocUOter Grins) Manag.TedJErlSak 13 WI-TOD IODNCo-0pSontl OPNDDNConstruction 2I151201 fJ3W11Y10 Ciryof NefirdWCiyA)TSC Emlmmnereg Oversii Melted sumo N S 80.500 60.501) 20,000 E fi0.500 $ BJ Do¢IOtw Grano Persomel art Admin Coss, Adorn Coss, 711=19 6I3Na020 Cry of Nalbnal City Personnel and other apprt sendms Merged 250.000 N $ 293.000 250.000 $ 25a000 $ br SA 110 Emironmentel Monitoring br CAC OPAADWCondmction 7I12m3 6302020 Counyid San Diego Emfmmnetdal Oversight Remalurion Merged 151000 N $ 15Am 151Om $ la0D0 $ pmpeMes end Tied, br Education Village, ACE, 2501 Clereknd, 835 Bay Madre Drive and other SA pmpedwdi a, eecessary 111 EnrimnmaW Morvronngfor CDC Remediaton 711=11 F302020 GeoSynsc Consultants EnWmnmenfal Oversght R uredation Melted 361300 N $ W." 6,300 'M'" $ 36,M $ - pheperges and Testingfor Education Village, ACE, 2501 Ckreknd, 935 Bay Manna oter SA gopmtid my dha a arary 128 Contract br Ftanad Arwlysk Fees 2/12017 11312020 NXA AtlMms Fhandalandbondadvkedanud MBegatl 81000 N E 81000 8,000 $ 8,OD0 $ - dI3 b3UR 1d4 DOnbaM br Legal Services Legal 2112011 613d2020 Karla, Bellmer.&Bateman LagalsupportforsWeamc..n Merged 17.000 N $ 1]A00 i],000 S 1],000 $ RedevdopmentM1lfigabon supmd for prate ling legal iMagh, e.g.. Affortlable Houio g Coatibn v. Sandoval, el al. t46 Contractfor Legd Senicd Legal 1=011 6302020 Circe, &Veam, LL➢/ Utgationfor Educationvaegel-egal Melted 47.Om N § 47A00 47,000 $ 47A00 $ - RidheN Opper support he ernimnmentil compliance with DISC, DEH, elc for SA loo,rudor.podialitire 147 Contract for Legal send. Legal 1122/ " FJ3N2020 Chile". & Spate. LLP Liupbon for ARE Holl ingr0U59r ion Merged 40.DOD N $ 2a000 2010W $ 201000 $ - for Mogan Square, Ino./Legal Servicd for Westsde Infill Treat Onented Dev erred Ibuskg Project 162 Bonds F. 7112019 63N2020 Bank Of New York FsrelAgent Fear Me eel 4.1100 N $ 4.000 4,000 $ 4.000 $ - 16JContri for LcMdsorrice3 Legal lXmQ012 6I3N2020 Meyers have Hofhnan Protect assets and obligations of Merged 24,000 N $ 26,000 24,000 $ 24,000 S - Rifl r Sr,rnr&Wilson Successor en 1]6 Unforseen SA remedarion cost OPP/DDNCwrstruction 6212011 63012020 Paadm. Creek Fbusing Remediete unaeraded Sal Merged 4,300141 N § 4,300,241 3.600,000 223.736 4]6,505 § 4,3W,241 $ oblation-asbrated additional Prates conditions on to WLT00 site a3 mats Phase II WI-TOD aired to DDA 179 Jdnt Defame and Cost Sharing LitgatOn 31362015 63N1020 Cty of Natimal ClfylQty of Reimburse Me City of National City for Merged 12,572 N $ 12.572 12,M $ 12.92 S - A9mementwind respell b Me Lemon Grove PrevrodlY paid invokes ($6,96147) Afforded. Wit g Coalition of San for legal sendres in defense of the Diego County v. Santloval d al Affordable House, Coalition', lawsut rase against Me Nei City Suw¢swr Agency ee well as Mma that mey arse dud, the ROPS 16)J pered (TBD). Allhw su Suae,3or Ageny b dreary pay is share of the midis b the Qry of Lenpn Greve foratry inwkes arkirg dung ROP51J-t8 1B0 2017Ta Albcation Refunding Refunding Bootle Issuetl W71M17 811,=? Bank of New Vote Mdbn Son& issued b refund the Melted /2,91 p,p00 N $ 2,918,000 2,91a000 $ 2,91a0D0 $ - Sond- Serer A Pmidpal Payment After62Jn2 Trial Company, N. A. ouldandltg pdwpal balance of Ne 20OW and 2011 TABS (mplares Items 3 end 4) let 201)T.Albwtion Refunding Refunding Bonds When 92)201] 8'lY Bank of New Vote Mellon Bonds issued to refund the Melted ],590]65 N § 1,W2.1W 51.230 $ 534,230 497,900 $ 49J,900 Bond- Sties A (Merest Payment AMrfi2J112 That CohnpaY, N. A. ou1tandi, pdndpd blame of the 2005B and 2011 TABs hepkres Items 3 and 0 182201JTes Albntlon Reflndhg Rdundbg Bans Issued 92]I201J WAN129 Bak of New York Melon Bonk issued b hefund Me Melted 2,470,000 N $ 19811W 199,000 E 19e,000 - Boad- Series B Principal Payment After W7112 Trust Company, N. A. wklanding pnndpel beletre of ft less TAHBs (repams Itam 1) 1 M 2017 Ta Allocation Refwtifg Refund,, Bonds hated WTM17 811=11 Bank of New York Melon Bonds issuW b mfund the Merged 334,6m N $ 55.958 29,146 $ 29,146 2a810 $ WIND Botts- Send B Insure( Payment After62J112 Trost Compery N. A. ohouendind principal oolarce of Me 19%TAHBS eplace3 Item i) red Bonds Fed 91 17 mi=f1 US Bank Esaow agent fed for paymenb on Melted ]50 N $ ]50 150 $ 750 $ - tle refunded 2011 TABS until red date of SAM 1=1 - amount overboked for RODS 16-19 105 Bonds Fees 912a201] 631202i US Bart Esrmwe.ni brpaymtt4sa Merged 1,500 N $ 1,500 1,500 $ 1,500 $ - Me reiundatl 2(Itt TABS unN rail dat. of e10112021-arounto,cloclod for ROPS 18-19 186 N $ $ 8 in N $ $ - $ IN N $ $ § in N $ $ $ 190 N S $ $ 191 N $ - $ $ 1g2 N $ E $ 10 N $ $ $ 194 N $ § $ - 195 N $ $ $ 96 N $ $ $ 9 N $ $ $ 198 N 4 $ $ Recognized Obligation Payment Schedule (ROPS 19-20) - Summary Filed for the July 1, 2019 through June 30, 2020 Period Successor Agency: National City County: San Diego Current Period Requested Funding for Enforceable Obligations (ROI 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): Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. 19-20A Total 19-20B Total (July - December) (January - June) ROPS 19-20 Total 44 39,308 , 3,915 572 y - 3 915 572 " 223 736 223 736 ; a 4,589,381 5,1K091 413391381 .. " 524 710 4 864 091, * `250 000 250,000 $ . 8,728.669 $: 524,710 $. s 9,253,399' Name Title /s/ Signature Date EXHIBIT A