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HomeMy WebLinkAboutD-1 OB 18-19 ROPS and Admin Budget Staff Reports1 Oversight Board Staff Report ROPS 16-17-July 1, 2016 to June 30, 2017 January 27, 2016 Page 1 OVERSIGHT BOARD SCHEDULED ITEM D-1 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPEMENT AGENCY OF THE CITY OF AZUSA FROM: KURT E. CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: JANUARY 30, 2018 SUBJECT: APPROVAL OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR JULY 1, 2018 THROUGH JUNE 30, 2019 AND ADOPTION OF RESOLUTIONS SUMMARY: Pursuant to Health and Safety Code Section 34177, the Successor Agency of the former Redevelopment Agency of the City of Azusa (“Agency”) is required to continue to make payments due for enforceable obligations of the former Redevelopment Agency. The Agency is to prepare a “Recognized Obligation Payment Schedule” (“ROPS”) for the period of July 1, 2018 through June 30, 2019 (“ROPS 18-19”) that identifies these obligations for the period. In addition, the Agency is required to prepare a proposed administrative budget and submit to the Oversight Board (“Board”) for approval. This action requests the approvals of Resolution 2018- OB02, approving and adopting ROPS 18-19 and Resolution 2018-OB03, approving and adopting the proposed administrative budget for the period of July 1, 2018 through June 30, 2019. RECOMMENDATION: 1.Adopt the attached Resolution No. 2018-OB02, approving and adopting the “Recognized Obligation Payment Schedule” for the period of July 1, 2018 through June 30, 2019 (ROPS 18-19) pursuant to AB x1 26 as amended by AB 1484. 2.Adopt the attached Resolution No. 2018-OB03, approving and adopting the proposed Administrative Budget for July 1, 2018 through June 30, 2019. DISCUSSION: The Agency is required to adopt a ROPS setting forth the nature and amount of all existing Agency recognized obligations (as defined in the law). Each ROPS previously reflected a six- month interval of obligations. However, the new procedure requires the Successor Agencies to prepare a ROPS for a 12-month interval, for the full fiscal year. APPROVED 1/30/2018 Special Meeting 2 Oversight Board Staff Report ROPS 18-19-July 1, 2018 to June 30, 2019 January 30, 2018 Page 2 The obligations of the Agency may include the following: bonds; loans legally required to be repaid pursuant to a payment schedule with mandatory repayment terms; payments required by the federal government, preexisting obligations to the state or obligations imposed by state law; judgments, settlements or binding arbitration decisions that bind the agency; legally binding and enforceable agreements or contracts; and contracts or agreements necessary for the continued administration or operation of the agency, including agreements to purchase or rent office space, equipment and supplies. The following is a summary of the enforceable obligations listed in ROPS 18-19: 1. Bond Debt Service • 2014 Series A Subordinate Tax Allocation Refunding Bond • 2015 Series A Subordinate Tax Allocation Refunding Bond • 2015 Series A Subordinate Tax Allocation Refunding Bond • 2017 Series A Subordinate Tax Allocation Refunding Bond • 2017 Series B Subordinate Tax Allocation Refunding Bond • 2003 Certificate of Participation Refunding Bond 2. Administrative Cost Allowance These include costs for staff, audit services, maintenance of properties and legal counsel that are required in the dissolution of the Agency to comply with AB x1 26 as amended by AB1484. The amount of the annual administrative cost allowance is capped at three percent of the total amount allocated to the Redevelopment Obligation Retirement Fund or $250,000, whichever is greater. 3. Loan Repayment The loan from the City to the Successor Agency for the former Enterprise site was approved by the State Department of Finance as an enforceable obligation. The loan can now be repaid provided there is a residual balance available from the Redevelopment Property Tax Trust Fund revenues remitted to the Successor Agency. Upon the approval of ROPS 18-19 by the Board, it is submitted to the DOF, State Controller’s Office and the County of Los Angeles Auditor-Controller by February 1, 2018. It will also be posted on the City website. The DOF must complete its review of ROPS 18-19 by April 15, 2018 and issue a Determination Letter. If the Agency disagrees with DOF’s determination, the Agency can request a Meet and Confer session with DOF, within five days of receipt of the letter, to allow for a two-way dialogue between the Agency and the DOF. At the conclusion of the Meet and Confer meeting, the DOF will issue a final Determination Letter by May 15, 2018. This is a statutory deadline as the tax increment must be distributed to the Agency by June 1, 2018 to fund the ROPS 18-19 obligations. The attached resolution, 2018-OB02, approves and adopts ROPS 18-19, setting forth the recognized obligations of the Agency and the amount of payments to be made for each obligation from July 1, 2018 through June 30, 2019. It also authorizes staff to amend the ROPS in order to remove line items which are subsequently disapproved by the Board and/or DOF. 3 Oversight Board Staff Report ROPS 18-19-July 1, 2018 to June 30, 2019 January 30, 2018 Page 3 Resolution 2018-OB03 approves and adopts the proposed administrative budget reflecting the estimated costs to perform the administrative functions for the purpose of winding down the former Redevelopment Agency’s affairs. The Successor Agency is entitled to receive a maximum amount of $250,000 annually. FISCAL IMPACT: The resources to fund the obligations of ROPS 18-19 will come from the Redevelopment Property Tax Trust Fund (“RPTTF”). Approval of ROPS 18-19 will facilitate the ability of the Agency to continue payment of the enforceable obligations of the former Redevelopment Agency for the next fiscal year. Failure to approve and submit the ROPS 18-19 to the DOF by the February 1, 2018 deadline, as required by AB1484, may result in penalties of $10,000 per day to the Successor Agency. Prepared by: Reviewed and Approved by: Talika Johnson Kurt Christiansen Director of Finance Director of Economic and Community Development Attachments: 1) Resolution No. 2018-OB02 – Oversight Board of the Successor Agency of the former Redevelopment Agency of the City of Azusa Adopting a Recognized Obligation Payment Schedule-July 1, 2018 to June 30, 2019 (ROPS 18-19) Exhibit A – ROPS 18-19, July 1, 2018 to June 30, 2019 2) Resolution No. 2018-OB03– Oversight Board of the Successor Agency of the former Redevelopment Agency of the City of Azusa Adopting an Administrative Budget -July 1, 2018 to June 30, 2019 Exhibit B – Proposed Administrative Budget, July 1, 2018 to June 30, 2019 RESOLUTION NO. 2018-OB02 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AND ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2018 THROUGH JUNE 30, 2019 PURSUANT TO AB x1 26 AS AMENDED BY AB 1484 WHEREAS, Health and Safety Code Section 34169(h), enacted by AB x1 26, requires successor agencies to prepare a Recognized Obligation Payment Schedule (“ROPS”) annually. WHEREAS, because the Oversight Board of the Successor Agency of the former Redevelopment Agency of the City of Azusa (“Board”) previously adopted a ROPS, Resolution No. 2017-OB04, dated February 8, 2017, is operative only through June 30, 2018, so that the Successor Agency of the former Redevelopment (“Agency”) may continue to meet the Agency’s recognized obligations, and NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the Oversight Board as follows: Section 1. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. The Agency staff is hereby authorized to administratively amend the ROPS in order to remove line items which are subsequently disapproved by the Board, the California State Department of Finance (“DOF”) and the County of Los Angeles Auditor- Controller and to format the ROPS to conform with DOF requirements and to take all necessary and appropriate actions to prepare and submit the ROPS, provided, however, that neither such authorization nor such removal shall be deemed to be, nor are they intended as, an acknowledgement of the validity of AB x1 26 and AB 1484 or such action by the Board and/or the DOF. The Agency reserves all rights of the Agency to challenge the validity and/or application of any or all provisions of AB x1 26 and AB 1484 in any administrative or judicial proceeding, without prejudice to the Agency’s right to list any such removed item on this or a future ROPS. The Agency reserves the right to pursue any and all appeals and any available legal or equitable remedy provided or available by law to obtain the correction of any erroneous decision regarding the ROPS. Section 3. The Agency staff is authorized to include on the ROPS any items which were approved on previous ROPS but not fully expended. Section 4. The Board hereby approves and adopts ROPS 18-19, in substantially the form attached to this Resolution as Exhibit A, so that the Agency may continue to meet its recognized obligations, all as required by Health and Safety Code section 34177, during the time period from July 1, 2018 through June 30, 2019. The Agency reserves the right to further amend the ROPS in the future in order to provide an accurate schedule. Section 5. The Board hereby directs that copies of this Resolution be submitted to the California State Department of Finance, the California State Controller’s Office and the Los Angeles County Auditor-Controller and to be posted on the Agency’s website. Section 6. Pursuant to Health and Safety Code Section 34179(h), all actions taken by the Oversight Board, may be reviewed by the California Department of Finance, and therefore, this Resolution shall not be effective for five (5) business days, pending a request for review by the California Department of Finance. APPROVED AND ADOPTED THIS 30th day of January, 2018. Robert Gonzales, Chairperson Oversight Board Successor Agency to the Former Redevelopment Agency of the City of Azusa ATTEST: Jeffrey Lawrence Cornejo, Jr., Secretary Oversight Board Successor Agency to the Former Redevelopment Agency of the City of Azusa I HEREBY CERTIFY that the foregoing Resolution No. 2018-OB02 was duly adopted by the Board Members of the Oversight Board of the City of Azusa at a special meeting thereof on the 30th day of January 2018, by the following vote of Board Members: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Jeffrey Lawrence Cornejo, Jr., Secretary Oversight Board Successor Agency to the Former Redevelopment Agency of the City of Azusa 7 EXHIBIT A RECOGNIZED OBLIGATION PAYMENT SCHEDULE 18-19 July 1, 2018 through June 30, 2019 Successor Agency:Azusa County:Los Angeles Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 18-19A Total (July - December) 18-19B Total (January - June) ROPS 18-19 Total A -$ -$ -$ B - - - C - - - D - - - E 4,259,935$ 1,938,208$ 6,198,143$ F 4,259,935 1,938,208 6,198,143 G - - - H Current Period Enforceable Obligations (A+E):4,259,935$ 1,938,208$ 6,198,143$ Name Title /s/ Signature Date Administrative RPTTF 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. Recognized Obligation Payment Schedule (ROPS 18-19) - Summary Filed for the July 1, 2018 through June 30, 2019 Period Enforceable Obligations Funded as Follows (B+C+D): RPTTF Redevelopment Property Tax Trust Fund (RPTTF) (F+G): Bond Proceeds Reserve Balance Other Funds RESOLUTION NO. 2018-OB03 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AND ADOPTING THE ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2018 THROUGH JUNE 30, 2019 PURSUANT TO AB x1 26 AS AMENDED BY AB 1484 WHEREAS, Health and Safety Code Section 34177(J), enacted by AB x1 26, requires a successor agency to a former redevelopment agency to prepare administrative budgets to the Oversight Board for approval. WHEREAS, the Successor Agency of the Former Redevelopment Agency of the City of Azusa (“Agency”) has submitted to the Oversight Board of the Agency (“Board”) an annual proposed administrative budget (“Budget”) that commences on July 1, 2018 through June 30, 2019. Attached hereto as Exhibit B, and NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the Oversight Board as follows: Section 1. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. The Board hereby approves the Budget, in substantially the form attached to this Resolution as Exhibit B, so that the Agency may continue to meet its recognized obligations, all as required by Health and Safety Code section 34177, during the time period from July 1, 2018 through June 30, 2019. The Agency reserves the right to further amend the Budget in the future in order to provide an accurate schedule. Section 3. The Agency staff is authorized and directed to enter into any agreements and amendments to agreements necessary to memorialize and implement the agreements and obligations in the Budget herein approved by the Board. Section 4. The Board hereby directs that copies of this Resolution be submitted to the California State Department of Finance, the California State Controller’s Office and the Los Angeles County Auditor-Controller and to be posted on the Agency’s website. Section 5. Pursuant to Health and Safety Code Section 34179(h), all actions taken by the Board, may be reviewed by the California Department of Finance, and therefore, this Resolution shall not be effective for five (5) business days, pending a request for review by the California Department of Finance. APPROVED AND ADOPTED THIS 30th day of January, 2018. Robert Gonzales, Chairperson Oversight Board Successor Agency to the Former Redevelopment Agency of the City of Azusa ATTEST: Jeffrey Lawrence Cornejo, Jr., Secretary Oversight Board Successor Agency to the Former Redevelopment Agency of the City of Azusa I HEREBY CERTIFY that the foregoing Resolution No. 2018-OB03 was duly adopted by the Board Members of the Oversight Board of the City of Azusa at a regular meeting thereof on the 30th day of January 2018, by the following vote of Board Members: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Jeffrey Lawrence Cornejo, Jr., Secretary Oversight Board Successor Agency to the Former Redevelopment Agency of the City of Azusa EXHIBIT B PROPOSED ADMINISTRATIVE BUDGET July 1, 2018 through June 30, 2019 Administrative Allocation 250,000$ Administrative Costs Vendors:Description Estimate Best Best & Krieger Agency Legal Counsel $55,000 Arbitrage Compliance Specialists Arbitrage calculations 1,600 Urban Futures Continuing Disclosures 6,000 HdL Coren & cone Tax Increment Audit Services 7,250 Dukes Landscaping Weed abatement/treatment 9,000 Iron Mountain Storage 2,400 Badawi & Associates CPAs'Audit Services 10,000 Frontier Communication Comm. Service-Reader Board 2,000 Azusa Light & Water Reader Board-Electrical 9,750 Wilmington Trust Trustee Admin Fees 8,000 $111,000 Personnel: Position Estimate City Manager $13,730 Econ & Comm director 101,789 Finance Director 20,119 Senior Accountant 56,047 Assist. City Clerk 11,415 A/P Specialist 2,611 Executive Asst 2,653 Payroll Specialist 2,178 210,540 321,540 Excess (Deficit) - Administrative Allocation (71,540)$ Successor Agency of the Former Redeveolpment Agency of the City of Azusa PROPOSED ADMINISTRATIVE BUDGET July 1, 2018 to June 30, 2019