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Home My WebLink AboutF-2 Staff Report - SA 21-22 ROPS Azusa1 Oversight Board Staff Report ROPS 16-17-July 1, 2016 to June 30, 2017 January 27, 2016 Page 1 SUCCESSOR AGENCY ITEM F-2 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE SUCCESSOR AGENCY BOARD VIA: SERGIO GONZALEZ, CITY MANAGER FROM: TALIKA M. JOHNSON, DIRECTOR OF ADMINISTRATIVE SERVICES DATE: JANUARY 19, 2021 SUBJECT: APPROVAL OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR JULY 1, 2021 THROUGH JUNE 30, 2022 AND ADOPTION OF RESOLUTION BACKGROUND: 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, 2021 through June 30, 2022 (“ROPS 21-22”) 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 No. 2021-R02, approving and adopting ROPS 21-22 and Resolution No. 2021-R03, approving and adopting the proposed administrative budget for the period of July 1, 2021 through June 30, 2022. RECOMMENDATIONS: Staff recommends the City Council take the following actions: 1) Adopt the attached Resolution No. 2021-R02, approving and adopting the “Recognized Obligation Payment Schedule” for the period of July 1, 2021 through June 30, 2022 (ROPS 21-22) pursuant to AB x1 26 as amended by AB 1484. 2) Adopt the attached Resolution No. 2021-R03, approving and adopting the proposed Administrative Budget for July 1, 2021 through June 30, 2022. ANALYSIS: 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 CITY COUNCIL 1/19/2021 2 Successor Agency Staff Report ROPS 21-22-July 1, 2021 to June 30, 2022 January 19, 2021 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 21-22: 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 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 2 1 -22 by the Board, it is submitted to the DOF, State Controller’s Office and the County of Los Angeles Auditor-Controller by February 1, 2021. It will also be posted on the City website. The DOF must complete its review of ROPS 21-22 by April 15, 2021 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, 2021. This is a statutory deadline as the tax increment must be distributed to the Agency by June 1, 2021 to fund the ROPS 21-22 obligations. The attached Resolution No. 2021-R02, approves and adopts ROPS 2 1 -22, setting forth the recognized obligations of the Agency and the amount of payments to be made for each obligation from July 1, 2021 through June 30, 2022. It also authorizes staff to amend the ROPS in order to remove line items which are subsequently disapproved by the Board and/or DOF. Successor Agency Staff Report ROPS 21-22-July 1, 2021 to June 30, 2022 January 19, 2021 Page 3 Resolution No. 2021-R03 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 21-22 will come from the Redevelopment Property Tax Trust Fund (“RPTTF”). Approval of ROPS 21-22 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 21-22 to the DOF by the February 1, 2021 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 Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1)Resolution No. 2021-R02 – Successor Agency of the former Redevelopment Agency of the City of Azusa Adopting a Recognized Obligation Payment Schedule-July 1, 2021 to June 30, 2022 (ROPS 21-22) Exhibit A – ROPS 21-22, July 1, 2021 to June 30, 2022 2)Resolution No. 2021-R03 – Successor Agency of the former Redevelopment Agency of the City of Azusa Adopting an Administrative Budget -July 1, 2021 to June 30, 2022 Exhibit B – Proposed Administrative Budget, July 1, 2021 to June 30, 2022 RESOLUTION NO. 2021-R02 A RESOLUTION 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, 2021 THROUGH JUNE 30, 2022 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 Successor Agency of the former Redevelopment Agency of the City of Azusa (“Board”) previously adopted a ROPS, Resolution No. 2020-R02, dated January 21, 2020, is operative only through June 30, 2021, 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. Attachment 1 Section 4. The Board hereby approves and adopts ROPS 21-22, 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, 2021 through June 30, 2022. 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 19th day of January, 2021. Robert Gonzales, Chairperson Successor Agency to the Former Redevelopment Agency of the City of Azusa ATTEST: Jeffrey Lawrence Cornejo, Jr., Secretary Successor Agency to the Former Redevelopment Agency of the City of Azusa I HEREBY CERTIFY that the foregoing Resolution No. 2021-R02 was duly adopted by the Board Members of the Oversight Board of the City of Azusa at a regular meeting thereof on the 21th day of January 2020, by the following vote of Board Members: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Jeffrey Lawrence Cornejo, Jr., Secretary Successor Agency to the Former Redevelopment Agency of the City of Azusa EXHIBIT A RECOGNIZED OBLIGATION PAYMENT SCHEDULE 21-22 July 1, 2021 through June 30, 2022 Recognized Obligation Payment Schedule (ROPS 21-22) - Summary Filed for the July 1, 2021 through June 30, 2022 Period Successor Agency: Azusa County: Los Angeles Current Period Requested Funding for Enforceable Obligations (ROPS Detail) 21-22A Total (July - December) 21-22B Total (January - June) ROPS 21-22 Total 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) $ 3,127,263 $ 817,932 $ 3,945,195 F RPTTF 3,002,263 692,932 3,695,195 G Administrative RPTTF 125,000 125,000 250,000 H Current Period Enforceable Obligations (A+E) $ 3,127,263 $ 817,932 $ 3,945,195 Certification of Oversight Board Chairman: Name Title 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. /s/ Signature Date Azusa Recognized Obligation Payment Schedule (ROPS 21-22) - ROPS Detail July 1, 2021 through June 30, 2022 A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 21-22 Total ROPS 21-22A (Jul - Dec) 21-22A Total ROPS 21-22B (Jan - Jun) 21-22B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF $39,518,796 $3,945,195 $- $- $- $3,002,263 $125,000 $3,127,263 $- $- $- $692,932 $125,000 $817,932 4 Light Fund Advance Third-Party Loans 04/01/ 1997 06/27/2033 Light and Water Advance/577-645 Foothill/Krems Site MCBD&WE - N $- - - - - - $- - - - - - $- 5 Light Fund Advance Third-Party Loans 04/21/ 1997 10/01/2033 Light and Water City Adv./Autodealership MCBD&WE - N $- - - - - - $- - - - - - $- 6 Water Fund Advance Third-Party Loans 11/07/ 2005 06/30/2025 Light and Water City Adv./619-621 N. Azusa (Talley Bldg) MCBD&WE - N $- - - - - - $- - - - - - $- 7 Reimb. Agreement Bond Reimbursement Agreements 12/01/ 2003 08/01/2020 City of Azusa Reimb Agrmt/2003 Refunding COP's MCBD & WE - Y $- - - - - - $- - - - - - $- 19 SERAF FY 2010-11 Loan City/County Loan (Prior 06/ 28/11), Other 05/02/ 2011 06/30/2030 Light and Water FY 2010-11 SERAF Payment to State MCBD&WE - N $- - - - - - $- - - - - - $- 21 Harlan Lee Proj.(formerly Coastfed/ Casden) Third-Party Loans 07/01/ 1991 06/30/2016 Light and Water Low-Mod Income Housing advance MCBD&WE - N $- - - - - - $- - - - - - $- 22 Administrative Allocation Admin Costs 07/01/ 2012 06/30/2017 City of Azusa Successor Agency Administrative Allocation MCBD & WE 250,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 24 City L&W Enterprise Loan Third-Party Loans 06/30/ 1989 06/30/2014 Light and Water 25 - Year Secured Note - Revolving Ranch Center - N $- - - - - - $- - - - - - $- 25 City Loan/ Debt Obligation (Bond) City/County Loan (Prior 06/ 28/11), Other 07/01/ 1991 06/30/2039 City of Azusa 1990 APFA Bond City Lease Loan Drawdown Ranch Center - N $- - - - - - $- - - - - - $- 26 City L&W Enterprise Loan Third-Party Loans 08/07/ 1989 06/30/2039 Light and Water Advance/ Rehabilitation Improvements Ranch Center - N $- - - - - - $- - - - - - $- 27 SERAF FY 2010-11 Loan SERAF/ERAF 05/02/ 2011 06/30/2030 Light and Water FY 2010-11 SERAF Payment to State Ranch Center - N $- - - - - - $- - - - - - $- 35 1989 Ranch Center Project Loan City/County Loan (Prior 06/ 28/11), Other 09/11/ 2014 06/30/2030 City of Azusa Public Improvement Ranch Center - N $- - - - - - $- - - - - - $- 36 1990 Ranch City/County 09/11/06/30/2030 City of Public Improvement MCBD&WE - N $- - - - - - $- - - - - - $- A B C D E F G H I J K L M N O P Q R S T U V W Item # Project Name Obligation Type Agreement Execution Date Agreement Termination Date Payee Description Project Area Total Outstanding Obligation Retired ROPS 21-22 Total ROPS 21-22A (Jul - Dec) 21-22A Total ROPS 21-22B (Jan - Jun) 21-22B Total Fund Sources Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Bond Proceeds Reserve Balance Other Funds RPTTF Admin RPTTF Center/ Central Business District Loan Loan (Prior 06/ 28/11), Other 2014 Azusa 37 1989 West End Project Loan City/County Loan (Prior 06/ 28/11), Other 09/11/ 2014 06/30/2030 City of Azusa Public Improvement related to Price Club Project West End - N $- - - - - - $- - - - - - $- 39 Tax Allocation Bonds Bonds Issued After 12/31/10 10/14/ 2014 08/01/2034 Bond Holders 2014 Subordinate Tax Allocation Refunding Bonds MCBD & WE 5,990,000 N $1,088,769 - - - 982,572 - $982,572 - - - 106,197 - $106,197 40 Tax Allocation Bonds Bonds Issued After 12/31/10 09/23/ 2015 08/01/2036 Bond Holders 2015A Subordinate Tax Allocation Refunding Bonds MCBD & WE 14,315,000 N $504,212 - - - 252,106 - $252,106 - - - 252,106 - $252,106 41 Tax Allocation Bonds Bonds Issued After 12/31/10 09/23/ 2015 08/01/2036 Bond Holders 2015B Subordinate Tax Allocation Refunding Bonds MCBD & WE 14,405,000 N $930,018 - - - 642,634 - $642,634 - - - 287,384 - $287,384 42 City Enterprise Loan City/County Loan (Prior 06/ 28/11), Cash exchange 06/25/ 2015 08/01/2036 City of Azusa Enterprise Loan MCBD & WE 138,796 N $138,796 - - - 138,796 - $138,796 - - - - - $- 44 Tax Allocation Bonds Bonds Issued After 12/31/10 11/02/ 2017 08/01/2022 Bond Holders 2017 Series A Refunding bonds MCBD & WE 1,450,000 N $749,196 - - - 737,693 - $737,693 - - - 11,503 - $11,503 45 Tax Allocation Bonds Bonds Issued After 12/31/10 11/02/ 2017 08/01/1932 Bond Holders 2017 Series B Refunding bonds MCBD & WE 2,970,000 N $284,204 - - - 248,462 - $248,462 - - - 35,742 - $35,742 Azusa 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 (l), 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 ROPS 18-19 Cash Balances (07/01/18 - 06/30/19) Fund Sources Comments Bond Proceeds Reserve Balance Other Funds RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS RPTTF and Reserve Balances retained for future period(s) Rent, grants, interest, etc. Non-Admin and Admin 1 Beginning Available Cash Balance (Actual 07/01/18) RPTTF amount should exclude "A" period distribution amount. 18 18,665 414,041 1,259,042 2,984,372 2 Revenue/Income (Actual 06/30/19) RPTTF amount should tie to the ROPS 18-19 total distribution from the County Auditor-Controller 1,403 3,638,618 1 13,622 5,971,272 3 Expenditures for ROPS 18-19 Enforceable Obligations (Actual 06/30/19) 1,421 3,652,496 - 1,259,042 4,782,723 4 Retention of Available Cash Balance (Actual 06/30/19) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 414,042 Amount due to LA County-Lo Mod proceeds 5 ROPS 18-19 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 18-19 PPA form submitted to the CAC No entry required 6 Ending Actual Available Cash Balance (06/30/19) C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) $- $4,787 $- $13,622 $4,172,921 Azusa Recognized Obligation Payment Schedule (ROPS 21-22) - Notes July 1, 2021 through June 30, 2022 Item # Notes/Comments 4 5 6 7 19 21 22 24 25 26 27 35 36 37 39 40 41 42 44 45 RESOLUTION NO. 2021-R03 A RESOLUTION 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, 2021 THROUGH JUNE 30, 2022 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, 2021 through June 30, 2022. 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, 2021 through June 30, 2022. 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. Attachment 2 APPROVED AND ADOPTED THIS 19th day of January, 2021. Robert Gonzales, Chairperson Successor Agency to the Former Redevelopment Agency of the City of Azusa ATTEST: Jeffrey Lawrence Cornejo, Jr., Secretary Successor Agency to the Former Redevelopment Agency of the City of Azusa I HEREBY CERTIFY that the foregoing Resolution No. 2021-R03 was duly adopted by the Board Members of the Oversight Board of the City of Azusa at a regular meeting thereof on the 21th day of January 2020, by the following vote of Board Members: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Jeffrey Lawrence Cornejo, Jr., Secretary Successor Agency to the Former Redevelopment Agency of the City of Azusa EXHIBIT B PROPOSED ADMINISTRATIVE BUDGET July 1, 2021 through June 30, 2022 Administrative Allocation 250,000$ Administrative Costs Vendors:Description Estimate Best Best & Krieger Agency Legal Counsel $7,500 Arbitrage Compliance Specialists Arbitrage calculations 1,600 Urban Futures Continuing Disclosures 8,000 HdL Coren & cone Tax Increment Audit Services 8,500 Dukes Landscaping Weed abatement/treatment 1,750 Iron Mountain Storage 3,300 American Fence Company Fence rental 2,500 Badawi & Associates CPAs'Audit Services 7,500 Frontier Communication Comm. Service-Reader Board 2,100 Azusa Light & Water Reader Board-Electrical 4,800 Wilmington Trust Trustee Admin Fees 7,500 $55,050 Personnel: Position Annual Cost Admin %Estimate City Manager $330,333 5.00%$16,517 Deputy City Manager 246,376 10.00%24,638 Dir. Of Econ & Comm Dev.243,618 15.00%36,543 Dir. Of Admin. Services 267,186 10.00%26,719 Senior Accountant 137,729 20.00%27,546 Chief Deputy City Clerk 170,341 5.00%8,517 Senior A/P Specialist 113,892 10.00%11,389 Finance Manager 138,105 20.00%27,621 Budget Adminisrator 130,960 10.00%13,096 Purchasing Agent 120,629 10.00%12,063 Junior Accountant 82,315 5.00%4,116 Senior Payroll Specialist 88,029 5.00%4,401 213,165 268,215 Excess (Deficit) - Administrative Allocation (18,215)$ Successor Agency of the Former Redeveolpment Agency of the City of Azusa PROPOSED ADMINISTRATIVE BUDGET July 1, 2021 to June 30, 2022