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HomeMy WebLinkAbout07 - CC-8 - Adopt Resolution Approving Recognized Ob - 1/19/20211 SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY AGENDA REPORT MEETING DATE: JANUARY 19, 2021 ITEM NUMBER: CC-8 SUBJECT: ADOPT RESOLUTION APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FY 2021-22 FOR THE PERIOD OF JULY 1, 2021 TO JUNE 30, 2022 DATE: JANUARY 8, 2021 FROM: FINANCE DEPARTMENT PRESENTATION BY: JENNIFER KING, CPA, ASSISTANT FINANCE DIRECTOR FOR FURTHER INFORMATION CONTACT: JENNIFER KING, CPA, ASSISTANT FINANCE DIRECTOR, (714) 754-5219 RECOMMENDED ACTION Adopt Successor Agency Resolution No. 21-XX approving the Recognized Obligation Payment Schedule for Fiscal Year 2021-22 for the period of July 1, 2021 to June 30, 2022, subject to submittal to and review by the Orange Countywide Oversight Board (Oversight Board) and then the State of California, Department of Finance (DOF). Further, the Finance Director, or her authorized designee, in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s), if any, with the DOF and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by DOF. BACKGROUND AND DISCUSSION As of February 1, 2012, all California redevelopment agencies were dissolved. The Successor Agency to the Costa Mesa Redevelopment Agency (Successor Agency) succeeded to the Costa Mesa Redevelopment Agency (former Agency). The Successor Agency is performing its functions under Division 24, Parts 1.8 and 1.85 of the Health and Safety Code, as amended by Assembly Bill 1484 and other subsequent legislation (together as amended, the “Dissolution Law”), to administer the enforceable obligations and otherwise unwind the affairs of the former Agency, all subject to review and approval by the seven-member countywide oversight board. One of the enforceable obligations is the $9.3 million loan from the City’s General Fund to the former Agency. Upon dissolution, the State Department of Finance (DOF) initially 2 disapproved the loan. Staff and the Agency’s legal counsel met with DOF numerous times and provided extensive documentation showing that the loan was originally established within two years of the former Agency’s formation and evidenced through a series of promissory notes. In May 2014, DOF approved the reinstatement of the Successor Agency’s loan and allowed the annual loan repayment be placed on Recognized Obligation Payment Schedules (ROPS), subject to annual approval by the oversight board and DOF. At previous meetings of the Successor Agency, under the Dissolution Law, all prior ROPS were approved and thereafter submitted to the local oversight board, then to the DOF, and ultimately approved with modifications. As of July 1, 2018; the Orange Countywide Oversight Board serves as the oversight board to the 25 successor agencies in Orange County. This agenda report is for the annual ROPS for FY 2021-22 (Attachment 1). Under Section 34171(h) of the California Health and Safety Code, as amended, the ROPS is “the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177.” Under the dates required in the Dissolution Law, the Successor Agency is required to consider and adopt the ROPS for the period of July 1, 2021 to June 30, 2022, and submit such approved ROPS to the DOF on or before February 1, 2021. Section 34177(l) of Part 1.85, as amended, requires the Successor Agency to take actions with regard to each ROPS as follows: “(l) (1) … For each recognized obligation, the Recognized Obligation Payment Schedule shall identify one or more of the following sources of payment: (A) Low and Moderate Income Housing Fund. (B) Bond proceeds. (C) Reserve balances. (D) Administrative cost allowance. (E) The Redevelopment Property Tax Trust Fund, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or by the provisions of this part. (F) Other revenue sources, including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the former redevelopment agency, as approved by the oversight board in accordance with this part. (o) (1) Commencing with the Recognized Obligation Payment Schedule covering the period from July 1, 2016, to June 30, 2017, inclusive, and for each period from July 1 to June 30, inclusive, thereafter, a successor agency shall submit an oversight board-approved Recognized Obligation Payment Schedule to the department and to the county auditor-controller no later than February 1, 2016, and each February 1 thereafter…” 3 The ROPS FY 2021-22 and the Successor Agency resolution (Attachment 2) are included with this agenda report. ROPS FY 2021-22 sets forth Enforceable Obligations comparable to those listed in ROPS FY 2020-21. Currently, the only enforcement obligation is the annual payment on the promissory note for the reinstated City/Former Agency loan under Section 34191.4, which annual payment has been listed and approved by the DOF on the ROPS since DOF approved its reinstatement in 2014. Staff is available to explain ROPS FY 2021-22 and answer any questions about this ROPS and related Successor Agency matters. The timing for DOF’s review of each annual ROPS is set forth in subsection (o) of Section 34177 which provides: “The department shall make its determination of the enforceable obligations and the amounts and funding sources of the enforceable obligations no later than April 15, 2016, and each April 15 thereafter. Within five business days of the department’s determination, a successor agency may request additional review by the department and an opportunity to meet and confer on disputed items, except for those items which are the subject of litigation disputing the department’s previous or related determination. An untimely submittal of a Recognized Obligation Payment Schedule may result in a meet and confer period of less than 30 days. The department shall notify the successor agency and the county auditor- controller as to the outcome of its review at least 15 days before the date of the first property tax distribution for that period. Staff recommends that the Successor Agency adopt the attached Resolution approving ROPS FY 2021-22 and authorizing the Finance Director or her authorized designee to transmit to the Oversight Board for its review and approval, and under the Dissolution Law, concurrently to send a copy of ROPS FY 2021-22 to the DOF, the Orange County Auditor-Controller, the Orange County Administrative Officer, and State Controller’s Office as required. Further, the Finance Director or her authorized designee, in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s) with the DOF and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by DOF, which changes, if any, will be reported back to the Successor Agency and the Oversight Board. ALTERNATIVES CONSIDERED The Successor Agency may choose to reject all or part of the ROPS FY 2021-22 as presented. However, an approved ROPS must be transmitted to the County Oversight Board, ultimately the DOF, by February 1, 2021 for continuing funding. FISCAL REVIEW If the DOF approves the ROPS FY 2021-22 as submitted, the Successor Agency will receive $1,905,703 for the period July 1, 2021 to June 30, 2022 to pay the Successor 4 Agency’s enforceable obligations. This represents a similar level of funding received in the current fiscal year for these obligations. LEGAL REVIEW The City Attorney has reviewed and approved this report as to form. CITY COUNCIL GOALS & PRIORITIES: This item is administrative in nature. CONCLUSION Staff recommends adoption of the attached resolution approving the Successor Agency’s ROPS FY 2021-22 for the period July 1, 2021 to June 30, 2022. ________________________________ ________________________________ CAROL MOLINA JENNIFER KING, CPA Finance Director Assistant Finance Director ________________________________ KIMBERLY HALL BARLOW City Attorney ATTACHMENTS: 1. 2. Recognized Obligations Payment Schedule 21-22 A-B for the Annual Fiscal Period July 1, 2021 to June 30, 2022 Successor Agency Resolution Approving ROPS FY 2021-22 Recognized Obligation Payment Schedule (ROPS 21-22) - Summary Filed for the July 1, 2021 through June 30, 2022 Period Successor Agency: Costa Mesa County: Orange 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) $ 1,905,703 $ - $ 1,905,703 F RPTTF 1,905,703 - 1,905,703 G Administrative RPTTF - - - H Current Period Enforceable Obligations (A+E) $ 1,905,703 $ - $ 1,905,703 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 Costa Mesa 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 $5,297,468 $1,905,703 $- $- $- $1,905,703 $- $1,905,703 $- $- $- $- $- $- 6 Promissory Note Payable City/County Loan (Prior 06/28/11), Cash exchange 09/30/ 1971 06/30/2024 City of Costa Mesa Original Loan to establish RDA Downtown 5,297,468 N $1,905,703 - - - 1,905,703 - $1,905,703 - - - - - $- 37 Administrative Cost Admin Costs 01/01/ 2012 06/30/2024 Not provided Not provided Downtown - N $- - - - - - $- - - - - - $- Costa Mesa 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. 8,222 519 13,221 Prior ROPS excess cash: $621 from 15-16A; $1050 from 15-16B; $1,050 from 16-17B; $7,500 from 17-18A; $3,000 from 17-18A. 2 Revenue/Income (Actual 06/30/19) RPTTF amount should tie to the ROPS 18-19 total distribution from the County Auditor-Controller 1,211,203 AB1484 requires 20% ($240,590.58) of loan repayment ($1,202,953) to be transferred to Low and Moderate Income Housing Asset Fund per HSC 34191.4(s)(2)(c). 3 Expenditures for ROPS 18-19 Enforceable Obligations (Actual 06/30/19) 1,208,203 Successor Agency's FY 18/19 total expenditures and loan repayments. 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) 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) $8,222 $- $- $519 $16,221 Prior ROPS excess cash: $621 from 15-16A; $1050 from 15-16B; $1,050 from 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 16-17B; $7,500 from 17-18A; $3,000 from 17-18A; $3,000 from 18-19A. Costa Mesa Recognized Obligation Payment Schedule (ROPS 21-22) - Notes July 1, 2021 through June 30, 2022 Item # Notes/Comments 6 37 Attachment 2 SUCCESSOR AGENCY RESOLUTION NO. 21-XX A RESOLUTION OF THE SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FY 2021-22 FOR THE ANNUAL FISCAL PERIOD OF JULY 1, 2021 TO JUNE 30, 2022, SUBJECT TO SUBMITTAL TO, AND REVIEW BY THE ORANGE COUNTYWIDE OVERSIGHT BOARD AND THE STATE OF CALIFORNIA, DEPARTMENT OF FINANCE UNDER CALIFORNIA HEALTH AND SAFETY CODE, DIVISION 24, PART 1.85; AND, AUTHORIZING THE POSTING AND TRANSMITTAL THEREOF WHEREAS, the former Costa Mesa Redevelopment Agency (“Former Agency”) was established as a redevelopment agency which was previously organized and existing under the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq., and previously authorized to transact business and exercise powers of a redevelopment agency pursuant to action of the City Council of the City of Costa Mesa (“City”); and WHEREAS, Assembly Bill x1 26 added Parts 1.8 and 1.85 to Division 24 of the California Health and Safety Code, which caused the dissolution of all redevelopment agencies and winding down of the affairs of former agencies, including as such laws were amended by Assembly Bill 1484 and by other subsequent legislation (together, as amended, the “Dissolution Law”); and WHEREAS, as of February 1, 2012 the Former Agency was dissolved under the Dissolution Law, and as a separate public entity, the Successor Agency to the Costa Mesa Redevelopment Agency (“Successor Agency”) administers the enforceable obligations of the former Agency and otherwise dissolves the former Agency’s affairs, all subject to the review and approval by a seven-member oversight board; and WHEREAS, under Section 34179(j) of the Dissolution Law, in every California county there shall be one oversight board that is staffed by the county’s auditor-controller; and WHEREAS, the applicable consolidated oversight board overseeing this Successor Agency is called the Orange Countywide Oversight Board (“Oversight Board”); and WHEREAS, every oversight board, both the prior local oversight board and the Oversight Board, has fiduciary responsibilities to the holders of enforceable obligations and to the taxing entities that benefit from distributions of property tax and other revenues pursuant to Section 34188 of the Dissolution Law; and WHEREAS, Sections 34177(m), 34177(o) and 34179 provide that each ROPS is submitted to, reviewed and approved by the Successor Agency and then reviewed and approved by the Oversight Board before final review and approval by the State of California, Department of Finance (“DOF”); and WHEREAS, Section 34177(o) of the Dissolution Law requires that the annual ROPS for the 21-22 A-B fiscal period of July 1, 2021 to June 30, 2022 (“ROPS FY 2021- 22”) shall be submitted to the DOF by the Successor Agency, after approval by the Oversight Board, no later than February 1, 2021; and WHEREAS, the ROPS FY 2021-22, in the form required by DOF, is attached as Exhibit A and fully incorporated by this reference; and WHEREAS, the Successor Agency has reviewed the ROPS FY 2021-22 and desires to approve this schedule and to authorize and direct the Successor Agency staff to transmit the ROPS FY 2021-22 to the Oversight Board, with copies to the Orange County Administrative Officer (“CAO”), Orange County Auditor-Controller (“CAC”), the State Controller’s Office (“SCO”) and DOF as required by Dissolution Law; and WHEREAS, the Successor Agency shall post the ROPS FY 2021-22 on the City/Successor Agency website www.costamesaca.gov. NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE COSTA MESA REDEVELOPMENT AGENCY: Section 1. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 2. The Successor Agency approves ROPS FY 2021-22 submitted herewith as Attachment 1, under the requirements of the Dissolution Law; provided however, that the ROPS FY 2021-22 is approved subject to the condition such ROPS FY 2021-22 is to be transmitted to the Oversight Board for review and approval and a copy of such ROPS FY 2021-22 shall concurrently be sent to the CAO, CAC, SCO, and DOF. Further, the Finance Director (and her authorized designee), in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s), if any, with the DOF and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by DOF. Section 3. After approval by the Oversight Board, the Successor Agency authorizes transmittal of the approved ROPS FY 2021-22 again to the CAC, SCO and DOF. Section 4. The Finance Director of the Successor Agency or her authorized designee is directed to post this Resolution, including the ROPS FY 2021-22, on the City/Successor Agency website (www.costamesaca.gov) under the Dissolution Law. Section 5. The Secretary of the Successor Agency shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 19th day of January 2021. Katrina Foley, Chair Successor Agency to the Costa Mesa Redevelopment Agency (SEAL) ATTEST: Brenda Green, Secretary Successor Agency to the Costa Mesa Redevelopment Agency APPROVED AS TO FORM _____________________________ Kimberly Hall Barlow, Successor Agency Counsel STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, Brenda Green, Secretary of the Successor Agency to the Costa Mesa Redevelopment Agency, hereby certify that the foregoing resolution was duly adopted by the Successor Agency at a regular meeting held on the 19th day of January 2021, and that it was so adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Brenda Green, Secretary Successor Agency to the Costa Mesa Redevelopment Agency (SEAL) EXHIBIT A to Successor Agency Resolution No. 21-xx RECOGNIZED OBLIGATION PAYMENT SCHEDULE FY 2021-22 FOR PERIOD JULY 1, 2021 TO JUNE 30, 2022