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Home My WebLink AboutSA RESO 2021-111RESOLUTION NO. 2021 —111 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 11 2022 THROUGH JUNE 30, 2023 ("ROPS 22=23") WITH EXPENDITURES TOTALING $4,431,809, APPROVING THE ASSOCIATED ADMINISTRATIVE BUDGET OF $2309000, AND APPROVING THE SUBMITTAL OF BOTH TO THE COUNTY OF SAN DIEGO COUNTYWIDE REDEVELOPMENT SUCCESSOR AGENCY OVERSIGHT BOARD WHEREAS, the Redevelopment Agency 1967; and City of National City ("City") City Council established the (the "Redevelopment Agency") by Ordinance No. 1164, dated Ap City's ril 11, WHEREAS, the City Council established the City's Housing Authority (the "Housing Authority") by Ordinance No. 1484, dated October 14, 1975; and WHEREAS, the City Council established the City's Community Development Commission (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 City's Redevelopment Agency 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 the former redevelopment agencies; and down the business and fiscal affairs of WHEREAS, pursuant to AB 26, the City Council adopted Resolution No. . 2012-015 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(l) 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, 2022 through June 30, 2023 ("ROPS 22-23") with expenditures totaling $4,431,809 has been submitted by the Executive Director for consideration and approval by the Board of the Successor Agency; and WHEREAS, the ROPS 22-23 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(l); and Resolution No. 2021 —111 Page Two WHEREAS, an Administrative Budget for the Successor Agency for the ROPS 22M23 period with estimated expenditures totaling $230,000 has been submitted by the Executive Director for consideration and approval by the Board of the Successor Agency; and WHEREAS I review and approval t Oversight Board; and he ROPS 22-23 Administrative Budget shall hereafter be submitted for o the County of San Diego Countywide Redevelopment Successor Agency WHEREAS, the Successor Agency, now having considered ROPS 22-23 and the associated Administrative Buda -et. desires to approve the ROPS 22-23 and the ROPS 22-23 Administrative Budget; and WHEREAS, the Successor Agency's ROPS 22-23, 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 22&*23 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 environmental guidelines; and 15000 et seq., hereafter the "Guidelines"), and the City's 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, THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY DOES RESOLVE, DECLARE, DETERMINE, AND ORDER 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.W "A", is approved. The Successor Agency's ROPS 22m23, which is attached hereto as Exhibit Section 3m. The Successor Agency's ROPS 22-,23 Administrative Budget, attached hereto as Exhibit "B", is approved. which is Section 4: The Executive Director, or designee, is hereby authorized and directed to: Resolution No. 2021 — 111 Page Three Budget to t Board for approval in such format as may be directed by the Oversight Board or the County o he County of San Diego; and (11) necessary to effectuate the intent of this Resolution on behalf ot the Successor Agency;.ana submit the ROPS 22m23 and the ROPS 22-23 Administrative San Diego Countywide Redevelopment Successor Agency Oversigh t f take such other actions and execute such other documents as are (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 22-23, and to amend the ROPS 22-23 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 22-@23 by the Oversight Board, Department of Finance, or other reviewing agencies. Section 5m. 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 6s. This Resolution shall take effect upon the date of its adoption. Section 71.a That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution. ATTEST: Luz Molina, C PASSED and ADOPTED this 71h day of December 2021 0 Clerk as to - Secretary to the Successor Agency APPROVED AS TO FORM: Charles E. Be II, Jr. Successor Agency sel AlejandrffSotelo-dSolis, Chairwoman 0 0 Passed and adopted by the Board of the Successor Agency to the Comm -unity Development Commission as the National City Redevelopment Agency on December 71 20211 by the following vote, to -wit: Ayes: SotelomSolis, Bush, Morrison, Rios. Nays: None. Absent: Rodriguez Abstain: None,. AUTHENTICATED BY: BY: ALEJANDRA SOTELO-SOLIS Chair of the Board of the Successor Agency, City of National City, California Secretary o City National City, California Shelley Chap r MMC, Deputy City Clerk ency, EXHIBIT A Recognized Obligation Payment Schedule CROPS 22-23) Summary for the July 1,, 2022 through June 30,, 2023 Period Successor Agency: National City County: San Diego Currrent Period Requested Funding for Enforceable Obligations CROPS 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 Enforceaable Obligations (A+E) Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. /s/ 22-23A Total (July December) 22m23B Total (January - June) ROPS 22-23 Total $ 31910,416 $ 521o394 $ 4.1431,809 MMMMMMMMMMM� 3,7951416 406y394 4,201,809 115,000 115,000 230,000 $ 3,910,416 $ 521,394 $ 41431,809 Name Title Signature Date EXHIBIT A National City Successor Agency Recognized Obligation Payment Schedule (ROPS) 22-23 Excel Format F nding Sources lP 2-2A Jul - Dec)Funding Sources RP 2-8 Jan - Jurt Redeveopment Re evelopment Total Outstanding Debt or ROPS 22 3 Property Tax Band Reserve Other Trust Fund _ Admin. RCPS 22-23A Property Tax Bond Reserve Other Trust Fund Admin MOPS 2-23B Item # Project NarnelDebt Obligation Obligation Type Payee bli ation Retired Total Proceeds Balance Funds RPTTI~ PTTF Total Proceeds Balance Funds RPTTF RPTTF Total 115,000 41"406,394L: 264094 n 4 4 1 09 - - j796 41 115,000 3,910,416 - - 12 WI-TOD DD IOo- p/Bond10PAIDDA/Construction Glut of National - y - Docs/Cnher Grants) City /En afe _ 1 %MTCD (DDAlCo-Cpfflond Does/Other CPAIDDAIConstruetron City of National Y T ' Grants) City1DTSC _ �% PerOt�nei and Adrrrtn Costs dmin Casts Cl of 1 ational C1 `J 250,000 N 230,000 - - - 115,000 '11 ,000 115,000 115,000 110 Environmental Monitoring for CDC 0PAWAIConstruetion County of San Diego Y Properties _ 111 Environmental Monitoring for CDC Remediation CeoByrntec Y- Properties Consultants _ 128 Contract for Financial Analysis Fees NHA Advisors 4,800 N 4,000 - - 41000 - 4,000 " 144 Contract for Legal Services Legal Kane, Ballmer, & Y- Berkman _ 146 Contract for Legal Services Legal Opper & Marco, LLP1 - y - - - - - _ Richard Cpper _ 147 Contractfor Legal Services Legal Christensen & Spath, if LLP 162 Bonds Fees Sank of New fork 44,000 N .41000: _ - 4,000 - 4,000 - 17 Contract for Legal Services Legal Meyers Nave Y- Hoffman Mbac k Silver & Wilson - 176 Unforseen SA rernediation cost OPAIDCAfConstruction Paradise Creels Y - - - obligation - estimated additional costs Housing Partners Phase ll Wi T D 179 Joint Defense and Cost Sharing Litigation City of National 1 Q,D00 N Y 101000 - - 10,000 - 109000 Agreement with respect to the City/City of lemon Affordable Housing Coalition of San Grove/Colantuono, Diego County v. Sandoval et al case Highsmith Whatley, PC 180 2017 Tax Aflocaton Refunding Bond - Refunding Bonds Issued Bank of New York 340078,000 N 2,996;900 21996.000 - 2,996,000 " Series A Principal Payment After 6127112 Mellon Trust Company, N. A. 181 2017 Tait Allocation Refunding Bond - Refunding Bonds Issued Bank of New York 41714,890 N 811,242 424,271 - 424,271 386,971 386,971 Series A Interest Payment After 127/12 Mellon Trust Company, N. A-. 182 2017 Taut Allocation Refunding Bond - Refunding Bonds Issued Bank of New York 11858,000 N 212, 00 - - - 212,000 - 212,000 ` Series B Principal Payment After 127112 Mellon Trust Company, N. A. 183 2017 Tax Allocation Refunding Bonds - Refunding Bonds Issued Bank of New York 180,824 N .41,347- - - - 21,924 - 21,924 19,423 19,423 Series B Interest Payment After 6127112 Nellon Trust Company, N. A. 184 Bonds Fees US Bank Y � - - - 188 Bonds Fees US Barry - - _ _ 186 DTi� Hazardous Waste Generator Fees City of National City 123,880 N 123,1220 123,229 123,220 Fee EXHIBIT A National City Recognized Obligation Schedule CROPS 22-23) - Notes July L 2022 through June 30, 2022 Item # I Notes/Comments 1791 This case continues to be in litigation and there is no certainty regarding when it will reach a final conclusion. $10,000 is requested in this RAPS for the Agency's potential share of costs should the case continue into the ROPS 22-23 period. 186 On May 11, 2021 CDTFA notified the City that a hazardous waste generator fee was due for the period of January 1, 2019 through December 31, 2019 for hazardous waste generated at the Paradise Creek Park site undergoing environmental remediation pursuant to RAPS Item #176. The letter from CDTFA indicated that the City owed a fee of $95,660 plus interest of $6,217.88 and a penalty of $9,566.O0 for a total of $111,443.88, None of the parties involved in the remediat[on work were aware of the requirement to pay this fee and the Successor Agency had no authority to pay this fee under ROPS 20-21 or ROPS 21-22. The City has been in discussions with CDTFA and has paid the fee portion of -the billing on behalf of the Successor Agency, but it appears unlikely that CDTFA will waive any of the remaining liability. This item would reimburse the City for this unanticipated cost. n EXHIBIT A Report of Cash Balances •(1),1�� source payment n the ]PS, but r�ltthe extent r� other funding source i availabler Pursuant t �la�ltf� and ft d section 1 Redevelopment Prp�t Tax Trust Fundrx��r b A B D Fund Sources Bond Proceeds Reserve: Balance, Other Funds - RPTTF R P 19-20 Cash Balances Bonds issued on or Bonds issued on or (07101119 - 9130120before 12/31 /10 after 01101 111 I Beginning Available Cash Balance (Actual 07101119) RPTTF amount should exclude "A" period distribution amount 8,382 2 Revenuelincome (Actual 06130120 RPTTF amount should tie to the R PS 19- 0 total distribution from, the ... , _�__■._ 13 3 Expenditures for ROPS 18-20 Enforceable Obligations (Actual 06130120) 8,930 Prior R PS RPTTF and Reserve Balances retained for future ericd s 7.142.239 255.407 Rent, Grants, Interest, etc. 31.091 Nora-Admin and Adman 227.72 Comments f ti. E1 = total SA beginning cash less OF cash ($631,091) from 18-19 PPA, less R PS 19A-2 RPTTF distribution, and less PPA of $227,72 applied to 19-20 2 = R PS 19-20A ,3 "1, + R PS 19- 21,238 021019 120B 1 0,3 0 4s6521231 Retention of Available Cash Balance (Actual 06130120) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 41877,5531 407,355 R P 1 -20 RPTTF Prior Period Adjustment RPTTF amount should tie to the enc 's R PS 19-20 PPA form N� entry required submitted to the CAS Y 9 Bn in Act ial ► ► ildb� Cash al ma (81 0l 0 7. 14 E4 = amount of RE applied to R PB 20-21 ar 21-22 by D F and SA; F4 =- sum of $158,652 and $248,703 applied by D F to F - 1 and R21-22, respectively Exhibit B Successor Agency to the Community Development Commission as the National City Redevelopment Agency Administrative Budget: ROPS 22m23A and 22m23B Expenditures (Estimated Amounts per GC 341770)(1)) Annual Salaries & Six Month Cost Six Month Cost Benefits Admin Budget Admin Budget L(R22-23) % Allocated Annual Cost ROPS 22-23A ROPS 22-23B Personnel* City Manager/Executive Director Executive Secretary Executive Assistant City Attorney Executive Assistant City Clerk/Records Management Officer Executive Secretary Community Development Manager Real Property Agent Administrative Services Director Financial Services Officer Budget Manager Financial Analyst apart time) Senior Accountant Accountant Accountant Buyer Budget Technician Accounting Assistant Various as needed Total Personnel Maintenance & operations 326,190 93l270 113,920 286,120 107,020 139l220 89,370 142,760 119,710 225,120 159,910 155,240 58,000 116,800 103,590 103y590 88,260 90,380 76,980 Professional Services internal Service Charges Miscellaneous Expenditures (supplies, equipment use, etc) Total M&O Total Expenditures Funding Sources RP F - Administrative Allowance Total Funding Sources 5% 16,309-50 8,155 ti,155 5% 41663-50 2,332 21332 5% 5f696.00 21848 21848 5% 14,306.00 71153 7v153 3% 31210 a 60 11605 1l605 8% 11,137-60 51569 5,569 8% 71149.60 31575 31575 5% 71138.00 31569 31569 10% 11,971-00 51986 61986 3% 61753.60 31377 31377 3% 41797.30 21399 21399 4% 6,209-60 31105 31105 65% 37,700.00 18y850 18,850 5% 51840.00 21920 21920 2% 21071.80 11036 11036 4% 41143.60 2,072 21072 1 % 882-60 441 441 3% 21711.40 11356 11356 4% 21980.00 11490 11490 N/A 31,928.00 15,964 15,964 187,600 93,800 93,800 141400 71200 71200 23s000 11,500 11,500 51000 21500 2l5OO 42,400 21,200 211200 230,000 230,000 230,000 115,000 115,000 115,000 115,000 115,000 115,000 * 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.