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Home My WebLink AboutSA RESO 2020-109RESOLUTION NO. 2020 — 109 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; 2021 THROUGH JUNE 30, 2022 (ROPS 21-22) WITH EXPENDITURES TOTALING $4,395,238, APPROVING THE ASSOCIATED ADMINISTRATIVE BUDGET OF $250,000, AND APPROVING THE SUBMITTAL OF BOTH 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 (ROPS) 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, 2021 through June 30, 2022 (ROPS 21-22) with expenditures totaling $4,395,238 has been submitted by the Executive Director for consideration and approval by the Board of the Successor Agency; and WHEREAS, the ROPS 21-22 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(I); and Resolution No. 2020 —109 Page Two WHEREAS, an Administrative Budget for the Successor Agency for the ROPS 21-22 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 21-22 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 21-22 and the associated Administrative Budget, desires to approve the ROPS 21-22 and the ROPS 21-22 Administrative Budget; and WHEREAS, the Successor Agency's requirements of the Health and Safety Code Resolution as Exhibit "A"; and ROPS 21-22, which is consistent with the and other applicable law, is attached to this WHEREAS, the Successor Agency's ROPS 21-22 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 21-22, which is attached hereto as Exhibit "A", is approved. SECTION 3. The Successor Agency's ROPS 21-22 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. 2020 - 109 Page Three (i) submit the ROPS 21-22 and the ROPS 21-22 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 21-22, and to amend the ROPS 21-22 administratively to reflect the most current cost estimates for all items and the most current prior period actual cost or cash data, or to conform to the direction, guidance, and/or requirements related to ROPS 21-22 by the Oversight Board, Department of Finance, or other reviewing agencies. 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 151' day of December, 2020. Alejandra Sotelo-Solis Chairwoman ATTEST: Y Luz Mclina,-qk Clerk as Secretary tot a Successor Ag ncy APPROVED AS TO FORM: Charles E. Be I, Jr. Successor Agency Couns Recognized Obligation Payment Schedule (ROPS 21-22) - Summary Filed for the July 1, 2021 through June 30, 2022 Period Successor Agency: National City County: San Diego Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 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. 21-22A Total (July - December) 21-22B Total (January - June) ROPS 21-22 Total $ 3,949,042 $ 446,196 $ 4,395,238 3,699,042 250,000 446,196 - 4,145,238 250,000 $ 3,949,042 $ 446,196 $ 4,395,238 Name Title /s/ nature EXHIBIT A Date National City Recognized Obligation Payment Schedule (ROPS 21-22) - ROPS Detail July 1, 2021 through June 30, 2022 A B C D E F G N I J K L M N O P O R S--T T U I V I W ROPS 21.22A (Jul - Dec) IfflILDIPS 21-22B (Jan - Jun) Item Obligation Agreement Agreement Project ROPE 21-22 21.22A 21-22B Fund Sources Fund Sources # Prolect Name Type Execution Termination Payee Description Area Outstanding Outstanding Retired Total Total Bono Reserve Other Admin Data Date Obligation Total Bond Reserve Other Rp�.F Admin RPTTF Proceeds Balance Funds RPTTF Proceeds, Balance Funds RPTTF $45,226,949 $4.395.238 $- S- $- $3,699,042 $250,000 $3,949,042 $- $- $- $446,196 $- 5446,195 12 WI-TOD OPA/DDA/ 021151 06/30n022 City of Remediation Merged 15,000 N $15,000 - - 15,000 - $15,000 - - - - - $- (DDA/Co-Op/ Construction 2011 National City/ Planning Bond Decal E2 Other Grants) ManageTech/ EnSafe 13 WI-TOD OPA/DDA/ 02M5/ 06/30/2022 City of Environmental Merged 15,000 N $15,000 - - 15,000 $15,000 (DDA/Co-Op/ Construction 2011 National City/ Oversight Bond Does/ DTSC Other Grants) 87 Personnel Admin 07/011 06/30/2020 City of Personnel and Merged 250,000 N $250,t1D0 - - 250,000 $250,000 - - - and Admin Costs 2019 National City other support Costs services for SA 110 Environmental OPA/DDA/ 07/01/ 06/302020 County of Environmental Merged 5,000 N $5,000 - - 5,000 $5,000 - - - - - S- Monitoring for Construction 2013 San Diego Oversight CDC Remediation Properties and Testing for Education Village, ACE, 2501 Cleveland, 835 Bay Marina Drive and other SA properties as necessary 111 Environmental Remediation 07/01/ 06/30/2022 GeoSyntec Environmental Merged 30,000 N $30,000 - 30,000 $30,000 - - - Monitoring for 2011 Consultants Oversight CDC Remediation Properties and Testing for Education Village, ACE, 2501 Cleveland, 835 Bay Marina Drive and other SA properties as necessary 128 Contract for Fees 02/01/ 01/312021 NNA Financial and Merged 4,1100 N $4,000 - 4,000 - $4,000 - - - $- Financial 2017 Advisors bond adviser/ Analysis annual disclosure 144 Cantiact for Legal 02/01/ 06/302020 Kane, Legal support Merged Y S. - - - - $- - - - Legal 2011 Balimer, & for state actions A B C 0 E F G H I J K L M N O P O T U V ROPS 21-22A (Jul - Dec) Item O Agreement Agreement Project Total ROPS 21-22Aund Sources t—-d 121;221B Fund Sources Project Name Type Executlon Termination Payee Description Area Outstanding Retired 21-22Type Total Admin Date Date Obligation Total Bond Reserve Other RFT'TF Admin Other RPTTF Proceeds Balance Funds RPTTF ce Funds RPTTF Services Berkman on Redevelopment Litigation support for protecting legal interests, e.g., Affordable Housing Coalition v. Sandoval, at al. 146 Contract for Legal 10/031 06/30/2020 Opper& Litigation for Merged - Y$- Legal 2011 Varco, LLP/ Education Services Richard Village/Legal Opper support re: environmental compliance with DTSC, DEH, etc. for SA properties or responsibilities 147 Contract for Legal 01/22/ OWW2020 Christensen Litigation for Merged - Y$- Legal 2008 & Spath, LLP ARE Holdings/ Services Litigation for Morgan Square, IncJLegal Services for Weslside Infill Transit Oriented Development Housing Project 162 Bonds Fees 07/01/ 06/30/2033 Bank of New Fiscal Agent Merged 4,000 N $4.000 - - 4,000 - $4,000 2019 York Fees 167 Contract for Legal 12/151 06/30/2020 Meyers have Protect assets Merged Y Legal 2012 Hoffman and obligations Services Riback Silver of Successor & Wilson Agency 176 Unfoiseen SA OPA/DDA/ 06/21/ 06/30/2021 Paradise Remediate Merged - N$- remediation Construction 2011 Creek unanticipated cost Housing soil conditions obligation- Partners on the WI-TOD estimated site as required addi0onal by the DDA costs Phase It W I-TOD 179 Joint Defense Litigation 03/30/ 06/3W2022 City of The estimated Merged 10,000 N $10,000 - - 10,000 - $10,000 - - $- and Cost 2015 National City/ amount of the A B C 0 E P G H I J K L M N O P Q R S T U v W ROPS 21.22A (Jul - Dec) lgrY-ilu - Item Obligati on Agreement Agreement Prefect Total ROPS 21-22A 21-22B Fund Sources Fund Sources # Project Name Type Execution Termination Payee Description Area Outstanding Refired 21-22 Total Total Date Date Obligation Total Bond Reserve Other RPTTF Admin Bond Reserve Other RPTTF Admin Proceeds Balance Funds RPTTF Proceeds Balance Funds RPTTF Sharing City of SA's share of Agreement Lemon defense costs in with respect Grove this litigation to the Affordable Housing Coalition of San Diego County v. Sandoval at at case 180 2017 Tax Refunding 09/27/ 08/01/2032 Bank of New Bonds issued to Merged 37,001.000 N $2.923.000 - - - 2,923,000 - $2.923,000 - - - - S- Allocation Bonds 2017 York Mellon refund the Refunding Issued After Trust outstanding Bond - Series 6/27/12 Company, N. principal A Principal A. balance of the Payment 2005E and 2011 TABS (replaces Items 3 and 4) 181 2017 Tax Refunding 09/27/ 08/012032 Bank of New Bonds issued to Merged 5.599.823 N $884.934 - - - 460,663 - $460,663 - - - 424,271 - $424,271 Allocation Bonds 2017 York Mallon refund the Refunding Issued After Trust outstanding Bond - Series 6/27/12 Company,N. principal A Interest A. balance of the Payment 2005E and 2011 TABS (replaces Items 3 and 4) 182 2017 Tax Refunding 09/27/ O810112029 Bank of New Bonds issued to Merged 2,066,000 N $208,000 - - - 208,000 - $208,000 - - - - - $- Allocatlon Bonds 2017 York Mellon refund the Refunding Issued After Trust outstanding Bond - Series 627/12 Company, N. principal B Pnncipal A balance of the Payment 1999 TAHSs (replaces Item 1) 183 2017 Tax Refunding 09/27/ 00/012029 Bank of New Bonds issued to Merged 227,126 N $46.304 - - - 24,379 $24,379 21,925 - $21.925 Allocation Bonds 2017 York Mellon refund the Refunding Issued After Trust outstanding Bonds- 6127112 Company N. principal Series B A. balance of the Interest 1999 TAHBs Payment (replaces Item 1) 184 Bonds Fees 0928/ O81372021 US Bank Escrow agent Merged V $- - - - L - - - $- 2017 fees for payments on A B C D E F G H 1 J K L M N O P O R I S I T U V W BOPS 21.22A (Jul - Dec) ROPS2' Item Obligation Agreement Agreement Project Total ROPS 21-M Fund Sources 21-22B Fund Sources # Project Name Type Ezewtion Termination Payee Description Area Outstanding Retired 21.22 Total Total Admin Date Date Obligation Total Bond Reserve Other RPTTF Admin Bond Reserve Other RPTTF Proceeds Balance Funds RPTTF Proceeds Balance Funds RPTTF the refunded 2011 TABS until call date of 8/ 01/2021- amount overlooked for ROPS 18-19 185 Bonds Fees 09/28/ 108131120211 US Bank Escrow agent Merged yS- 2017 fees for payments on the refunded 2011 TABs until call date of 8/ 0112021 National City Recognized Obligation Payment Schedule (ROPS 21-22) - Report of Cash Balances July 1, 2018 through June 30, 2019 (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. A B C D E F G H Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Prior ROPS ROPS 18-19 Cash Balances Rand Comments (07/01118 - 06/30/19) Bonds issued Bonds issued Reserve ResePTTFrve Rent, grants, Non-Admin on or before on or after Balances retained interest, etc. and Admin 12/31/10 01/01/11 for future period(s) 1 Beginning Available Cash Balance (Actual 07/01/18) 4 6,550,662 415,843 E1= total SA beginning cash less OF cash RPTTF amount should exclude "A" period distribution ($415,843) from 17-18 PPA & less R18-19A amount. RPTTF distribution 2 Revenue/Income (Actual 06/30119) 20,373 248,703 8,102,125 G2 = R18-19A ($7,278,749) + R18-19B RPTTF amount should tie to the ROPS 18-19 total ($823,376) distribution from the County Auditor -Controller 3 Expenditures for ROPS 18-19 Enforceable Obligations 13,423 2,345,623 33,455 4,745,821 (Actual 06130/19) 4 Retention of Available Cash Balance (Actual 06/30119) 6,954 3,482,256 382,388 3,335,654 E4 = amount of RB applied to ROPS 20-21 by RPTTF amount retained should only include the amounts DOF; F4 = $223,736 applied to R19-20 and distributed as reserve for future period(s) $158,652 applied to R20-21; G4 = actual amount of RPTTF carried over as RB to R19-20 5 ROPS 18-19 RPTTF Prior Period Adjustment 20,649 RPTTF not spent nor carried over to R19-20 RPTTF amount should tie to the Agency's ROPS 18-19 PPA No entry required form submitted to the CAC 6 1 Ending Actual Available Cash Balance (06130119) $- $- $722,783 $248,703 $1 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. A B C D E F G H Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Prior ROPS ROPS 18-19 Cash Balances RPTTF and Comments (07/01/18 - 06130/19) Bonds issued Bonds issued Reserve Rent, grants, Non-Admin on or before on or after Balances retained interest, etc. and Admin 12/31/10 01/01/11 for future period(s) CtoF=(1+2.3-4),G=(1+2-3-4-5) National City Recognized Obligation Payment Schedule (ROPS 21-22) - Notes July 1, 2021 through June 30, 2022 I Item # I Notes/Comments I 12 The DOF-authorized amended ROPS 20-21 includes a carry-over of $8,600 from ROPS 19-20 for this item. Based on invoices received to date and communications with this vendor, the amount carried over will not be sufficient to cover the final invoices for these services. The exact amount required is not yet known, so this request is for authorization to fund up to $15,000 in overages from ROPS 20-21 j in the ROPS 21-22 period. ............................... ....................................................................................................................................................... ............................................................................. .......................................................... .......................................... - 13 The DOF-authorized amended ROPS 20-21 includes a carry-over of $9,300 from ROPS 19-20 for this item. Based on invoices received to date and communications with this vendor, the amount carried over will not be sufficient to cover the final invoices for these services. The exact amount required is not yet known, so this request is for authorization to fund up to $15,000 in overages from ROPS 20-21 in the ROPS 21-22 period. 87 ..................... i................ ....................................................... ....... ................... ................... .................. ........................... .... ........... .................... ......................... ................................. .......................................................................... 110 This item and Item 111 are related in that the County reviews/drives the work of the consultant in Item =e Successor Agency to the Community Development Commission as the National City Redevelopment Agency Administrative Budget: ROPS 21-22A and 21-22B Expenditures (Estimated Amounts per GC 341770)(1)) Personnel* City Manager/Executive Director Executive Secretary Executive Assistant City Attorney Executive Assistant City Clerk/Records Management Officer Executive Secretary Community Development Manager Principal Civil Engineer Director of Finance Financial Services Officer Management Analyst III Financial Analyst (part time) Senior Accountant Accountant Accountant Buyer Administrative Technician Accounting Assistant Accounting Assistant Accounting Assistant Various as needed Total Personnel Maintenance & Operations Annual Six Month Cost Six Month Cost alaries & I Admin Budget Admin Budget Benefits % Allocated Annual Cost ROPS 21-22A ROPS 21-22B 324,100 93,700 111,600 291,100 99,500 161,200 86,400 154,300 145,000 209,700 161,700 138,500 58,000 106,400 95,600 100,200 84,600 81,500 74,500 74,500 74,500 N/A Professional Services Internal Service Charges Miscellaneous Expenditures (supplies, equipment use, etc) Total M&O Total Expenditures Funding Sources RPTTF - Administrative Allowance Total Funding Sources 5% 16,205 8,103 8,103 15% 14,055 7,028 7,028 5% 5,580 2,790 2,790 5% 14,555 7,278 7,278 3% 2,985 1,493 1,493 8% 12,896 6,448 6,448 8% 6,912 3,456 3,456 10% 15,430 7,715 7,715 5% 7,250 3,625 3,625 3% 6,291 3,146 3,146 3% 4,851 2,426 2,426 4% 5,540 2,770 2,770 50% 29,000 14,500 14,500 7% 7,448 3,724 3,724 4% 3,824 1,912 1,912 6% 6,012 3,006 3,006 2% 1,692 846 846 3% 2,445 1.223 1,223 4% 2,980 1,490 1,490 2% 1,490 745 745 2% 1,490 745 745 N/A 48,069 24,035 24,035 217,000 108,500 108,600 14,400 7,200 7,200 23,000 11,500 11.500 10,000 5,000 5,000 33,000 16,500 16,500 250,000 125,000 125,000 250,000 125,000 125,000 250.000 125,000 125,000 ' Personnel responsibilities include, but are not limited to, providing executive direction and legal guidance for the operations of the SA, scheduling and maintaining records of the meetings of the Successor Agency, preparing agenda materials for the SA Board, managing litigation, developing the ROPS for each annual period, projecting and managing the cash flow of the SA, managing contracts with service providers, executing the Long Range Property Management Plan, managing the payments to vendors, accounting for all transactions of the SA in the general ledger, and preparing annual financial statements. Not represented on this schedule, but playing an important policy role in the administration of the Successor Agency, are the City's Mayor and Council Members who serve as the Board for the Successor Agency. All personnel costs are estimates and exclude overhead costs.