HomeMy WebLinkAbout06 SUCCESSOR AGENCY APPROVAL OF AMENDED BUDGET AND AUTHORIZATION TO ENTER TENTH AMENDMEND AGREEMENT1TY O
REPORTAGENDA
MEETING DATE: JANUARY 19, 2016
TO: JEFFREY C. PARKER, CITY MANAGER
Agenda Item 6
Reviewed:
City Manager
Finance Director
FROM: SUCCESSOR AGENCY AND FINANCE DEPARTMENT
SUBJECT: SUCCESSOR AGENCY APPROVAL OF AN AMENDED
ADMINISTRATIVE BUDGET AND AUTHORIZATION TO ENTER
INTO A TENTH AMENDED AGREEMENT BETWEEN THE CITY
AND SUCCESSOR AGENCY FOR ADMINISTRATIVE SUPPORT
SUMMARY:
Successor Agency approval is requested of an amended Administrative Budget and
authorization for the City and Successor Agency to enter into a Tenth Amended
Agreement for reimbursement of administrative support.
RECOMMENDATION:
1. It is recommended the City Council approve and authorize the City to enter into a
Tenth Amended Agreement for Reimbursement of Costs and City/Successor
Agency Operations Loan with the City acting as Successor Agency to the Tustin
Community Redevelopment Agency.
2. It is recommended the City, acting as the Successor Agency to the Tustin
Community Redevelopment Agency ("Successor Agency'), take the following
actions:
A. Approve the attached amended Administrative Budget pursuant to California
Health and Safety Code (HSC) Section 34177(j). Should any subsequent
modifications be determined necessary, the City Manager and/or Finance
Director, or their authorized designee, shall be authorized to make augmentation,
modification, additions, or revisions as may be necessary subject to Oversight
Board approval.
B. Approve and authorize the Successor Agency to enter into an Agreement for
Reimbursement of Costs and City/Successor Agency Operations Loan with the
City for reimbursement of costs incurred by the City to support Successor
Agency operations, obligations consistent with the Administrative Budget
approved by the Successor Agency. The Successor Agency shall also be
Agenda Report
January 19, 2016
Page 2
authorized to enter into any agreements necessary to provide administrative
support services as identified in the Administrative Budget attached hereto.
COORELATION TO STRATEGIC PLAN:
The Administrative Budget and Tenth Amended Agreement for Reimbursement of Costs
are consistent with City's value of Fiscal Stewardship. While adhering to the fiscal
limitations placed on the Successor Agency by the dissolution of Redevelopment, they
exercise the fiscal discipline necessary to live within our means and to ensure future
financial sustainability.
BACKGROUND:
Pursuant to the passage of Senate Bill ("SB") 107, HSC Section 34177 was amended to
add 34177(0), revising the number of Recognized Obligation Payment Schedules
("ROPS") required during a fiscal year from two (2) six-month schedules to one (1)
twelve month schedule. On July 1, 2016, this becomes operationally effective under
ROPS 16-17.
In preparing ROPS 16-17, HSC Section 34177(j) requires the Successor Agency
develop a proposed administrative budget and submit it to the Oversight Board for
approval. The Successor Agency has prepared a twelve month amended
administrative budget. The administrative budget includes all of the following: (i)
estimated amounts of the Successor Agency's administrative costs for the up -coming
fiscal period; (ii) the proposed sources of payment for the costs identified in (i); and (iii)
proposals for arrangements for administrative and operations services provided by the
city, county, city and county, or other entity. Pursuant to HSC Section 34171, the
Administrative Budget for FY 2016-2017 is payable from property tax revenues of up to
three percent (3%) of property tax allocated to the Redevelopment Obligation
Retirement Fund during FY 2016-17. In any event, the amount allocated for
administrative costs shall not be less than Two Hundred Fifty Thousand Dollars
($250,000) for any fiscal year.
The proposed Successor Agency Administrative Budget for the period of July 2016
through June 2017 reflects the projected administrative costs in ROPS 16-17. Under
HSC 34177(k), the Successor Agency provides these administrative cost estimates to
be paid from property tax revenues deposited into the Redevelopment Property Tax
Trust Fund to the County of Orange Auditor -Controller for the fiscal period. Since the
ROPS may change in the future, authorization for the City Manager or Finance Director
to make any future modifications necessary to the Administrative Budget is requested,
subject to Oversight Board approval.
Agenda Report
January 19, 2016
Page 3
In conjunction with the past approvals of the Administrative Budget for FY 2011-12,
2012-13, 2013-14, 2014-15, and 2015-16, including each six month ROPS time frame,
the City and Successor Agency entered into an Agreement for reimbursement of costs
incurred by the City to support Successor Agency operations and obligations (original
agreement entered into March 20, 2012, First Amendment on April 17, 2012; Second
Amendment on June 19, 2012; Third Amendment on August 14, 2012; Fourth
Amendment on February 19, 2013; Fifth Amendment on September 24, 2013; Sixth
Amendment on February 25, 2014; Seventh Amendment on September 30, 2014; Eight
Amendment on February 24, 2015; and Ninth Amendment on September 22, 2015).
The Oversight Board has previously authorized the Successor Agency to enter into
subsequent amendments to this agreement to reflect the revised Administrative
Budgets modified in conjunction with approval of the ROPS.
The proposed Administrative Budget reflects a $250,000 administrative cost distribution
for the period of July 2016 to June 2017. A copy of the amended agreement is attached
for City and Successor Agency approval. Staff are available to answer any questions
the City Council may have.
Craig
Economic Devel9om9AF&Hbusing Manager
Successor Ag the Tustin
Communjty,f�edevelopment Agency
)finny Lei
Finance Manager
Successor Agency to the Tustin
Community Redevelopment Agency
Sean Tran
Administrative Services Manager
Successor Agency to the Tustin
Community Redevelopment Agency
Attachments: 1. Proposed Administrative Budget for July 1, 2016 through
June 30, 2017-
2. Proposed City and Successor Agency Tenth Amended
Agreement for Reimbursement of Costs for Fiscal Year
2016-2017.
TENTH AMENDED AGREEMENT FOR REIMBURSEMENT OF COSTS
AND CITY/SUCCESSOR AGENCY OPERATIONS LOAN
This TENTH AMENDED AGREEMENT FOR REIMBURSEMENT OF COSTS AND
CITY/SUCCESSOR AGENCY OPERATIONS LOAN ("Tenth Amended Agreement") is made
and entered into as of January 26, 2016, by and among the CITY OF TUSTIN, a California
municipal corporation ("City"), and the CITY OF TUSTIN ACTING AS SUCCESSOR
AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY ("City Successor
Agency").
RECITALS
A. The Tustin Community Redevelopment Agency ("Agency") was established as a
community redevelopment agency that was previously organized and existing under the California
Community Redevelopment Law, Health and Safety Code Sections 33000, et seg. ("CRL"), and
previously authorized to transact business and exercise the powers of a redevelopment agency
pursuant to action of the City Council ("City Council") of the City.
B. The Tustin Housing Authority is a housing authority and public body corporate and
politic organized, existing, and operating pursuant to the California Housing Authorities Law, Health
and Safety Code Section 34200, et seq.
C. Assembly Bill I X 26 added Parts 1.8 and 1.85 to Division 24 of the California Health
& Safety Code, which laws caused the dissolution and wind down of all redevelopment agencies
("Dissolution Act").
D. On December 29, 2011, California Redevelopment Association, et al. v. Matosantos,
Case No. S194861, the California Supreme Court upheld the Dissolution Act and thereby all
redevelopment agencies in California are subject to the Dissolution Act and were dissolved effective
February 1, 2012,
E. The Agency is now a dissolved community redevelopment agency pursuant to the
Dissolution Act.
F. By a resolution considered and approved by the City Council at an open public
meeting on January 17, 2012, the City chose to become and serve as the "City Successor Agency" to
the dissolved Agency under the Dissolution Act.
G. As of and on and after February 1, 2012, the City serves as the "City Successor
Agency" and will perform its functions as the successor agency under the Dissolution Act to
administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs, all
subject to review and approval by a seven -member Oversight Board formed thereunder.
H. By a resolution considered and approved by the City Council at an open public
meeting on January 17, 2012, and pursuant to California Health and Safety Code Section 34176 of
the Dissolution Act, the City declined to assume the housing assets and functions of the Agency and
selected the Tustin Housing Authority to assume such housing assets and functions, and on such date,
also pursuant to Section 34176, the Tustin Housing Authority accepted and assumed the housing
assets and functions of the Agency and as of February 1, 2012 became and serves as the "Successor
Housing Agency" of the former Agency pursuant to the Dissolution Act. At this time, assets
Page I
assigned and transferred by operation of law and to be assigned and transferred to the Successor
Agency by authorization of and direction from the Oversight Board and operating pursuant to the
Dissolution Act, are not adequate to fund administrative support costs and expenses unless any future
Low and Moderate Income Housing fund balances are authorized to be transferred under State Law
to the Successor Housing Agency. If this occurs, a future modification to this Agreement may be
necessary.
I. City as the Successor Agency is engaged in activities necessary and appropriate to
wind down the activities of Tustin Community Redevelopment Agency's Redevelopment Plans
("Redevelopment Plans") for the MCAS Tustin Project, the Town Center Project and the South
Central Project ("Project Areas") that were originally adopted and amended by ordinances of the City
Council.
J. Employees of the City will perform day-to-day administration and operation of the
Successor Agency's duties and functions. Since the Tustin Community Redevelopment Agency was
originally formed and upon Successor Agency's effectiveness as of February 1, 2012, the City has
provided and shall continue to provide services to the Successor Agency, including but not limited to
providing administrative, accounting, auditing, planning, engineering, legal, risk management,
financial, clerical, recordkeeping, and other services necessary for the Successor Agency to carry out
its responsibilities.
K. City and City Successor Agency entered into an Agreement for Reimbursement of
Costs and City/Successor Agency Operations Loan on March 20, 2012 (the "Original Agreement"),
as amended by the First Amended Agreement on April 17, 2012, the Second Amended Agreement on
June 19, 2012, the Third Amended Agreement on August 14, 2012, the Fourth Amended Agreement
on February 19, 2013, the Fifth Amended Agreement on September 24, 2013, the Sixth Amended
Agreement on February 25, 2014, the Seventh Amended Agreement on September 30, 2014, the
Eighth Amended Agreement on February 24, 2015, and the Ninth Amended Agreement on
September 22, 2015 (the Original Agreement and all amendments shall be collectively referred to as
the "Agreement") to document an on-going cooperative arrangement regarding administrative and
operational services and payment for services whereby City agrees to provide administrative and
operational services and City Successor Agency agrees to pay City for the cost of all such services to
be provided by City for City Successor Agency pursuant to California Health and Safety Code
Section 34177 Q).
L. Pursuant to Health and Safety Code (HSC) Section 34180(e), the Oversight Board, on
May 29, 2012, approved the acceptance of financial assistance for the Phase I and Phase 2 Tustin
Ranch Road Improvements Project conditioned upon the provision of matching funds to the City
from the MCAS Tustin 2010 Tax Allocation Bonds by the Successor Agency. In compliance with
HSC Section 34180(h), the Oversight Board also authorized the Successor Agency to enter into an
amended reimbursement agreement with the City for the Successor Agency's matching contribution
to the Tustin Ranch Road Improvements Project in the amounts of $5,983,863 for Phase I and
$8,164,931 for Phase 2 to be disbursed from MCAS Tustin 2010 Tax Allocation Bonds to the City.
M. On December 18, 2012, the Department of Finance issued a determination denying
the Successor Agency's use of MCAS Tustin 2010 Tax Allocation Bonds to provide a matching
contribution to the Tustin Ranch Road Improvements Project and, consequently, the Agreement has
been modified to delete the reference under Section 1.2.
Page 2
N. The City Successor Agency will seek Oversight Board authorization on January 26,
2016, to enter into an Amended Agreement for Reimbursement of Costs with the City to reflect
modifications to the Administrative Budget.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants and
conditions herein contained, the parties hereto agree as follows:
1. Modification of Section 2 of the OriOnal Aereement as it relates to the Cost of
Administrative Expenses and Administrative Cost Allowances for Fiscal Year 2016-17.
(a) Section 2.3 of the Original Agreement is hereby deleted and replaced
as follows:
"Section 2.3 ' City Successor Agency and City estimate that the cost of administrative and
operational services to be provided by the City to the City Successor Agency for the period of
July 1, 2016, through June 30, 2017, is Two Hundred Fifty Thousand Dollars ($250,000). Pursuant
to the provisions of Section 4 herein, City Successor Agency agrees to pay the sum of $250,000 to
City to pay for the estimated administrative expenses of the City Successor Agency for the period of
fiscal year 2016-17, subject to Oversight Board approval and City Successor Agency preparation and
approval of an administrative budget estimate for such services and costs for the fiscal period of July
1, 2016 through June 30, 2017. The City Successor Agency shall also be liable to the City for
payment of any and all direct Project and Program Expenses incurred by City where they are adopted
as part of the ROPS."
2. Miscellaneous.
(a) TENTH Amended Agreement Ratified. Except as specifically amended or modified
herein, each and every term, covenant and condition of the Original Agreement as amended is hereby
ratified and shall remain in full force and effect.
(b) Binding. This TENTH Amended Agreement and the Original Agreement shall be
binding upon and inure to the benefit of the parties hereto.
«««««««««««««< Signature Page Follows»»»»»»»»»»»»»>
Page 3
IN WITNESS WHEREOF, the parties have caused this TENTH Amended Agreement to be
executed by their officers thereunto duly authorized on the date first above written.
"CITY"
CITY OF TUSTIN, a California municipal corporation
M
ATTEST:
Erica N. Rabe, City Clerk
APPROVED AS TO FORM
David Kendig, City Attorney
John Nielsen, Mayor
"CITY SUCCESSOR AGENCY"
SUCCESSOR AGENCY TO THE TUSTIN
COMMUNITY REDEVELOPMENT AGENCY
M
ATTEST:
Erica N. Rabe, City Clerk
on behalf of the Successor Agency
APPROVED AS TO FORM
David Kendig, Legal Counsel
John Nielsen
Successor Agency Chairman
Page 4
ESTIMATED REVENUES
Object Position Percent to Total FY - Admin JULY 2016 THRU
Code Admin Costs JUNE 2017
1 Enforceable Obligations Paid with Redevelopment Property
Tax Trust Fund $ 4,905,507 4,905,507
Estimated Property Tax allocated to
Successory Agency 4,905,507
4 Administrative Cost Allowance for FY 16/17 3% $ 250,000 250,000
ESTIMATED EXPENSES
EMPLOYEE DETAILS
Object Position Fiscal Year - Total Percent to Total FY - Admin JULY 2016 THRU
Code Wages, Benefits and Admin Costs JUNE 2017
Workers Comn
Sub -Total Wages, Benefits and WC: $ $ - $ -
OTHER ADMINISTRATIVE DIRECT COSTS
Object
Code
Item
Total During Fiscal
Year 2016/17
Percent to
Admin
Total FY - Admin
Costs
JULY 2016 THRU
JUNE 2017
1 6147
2 6355
3 6400
4 6415
5 6420
6 6710
7 6715
8 6730
9 6840
10 6845
11 6848
Bank Service Charges
Telephone
Office Supplies
Mail and Postage Service
Printing
Meetings (staff)
Training Expense
Membership/Subscriptions
Vehicle Mileage
Vehicle Lease Equipment
IT Support Services
Sub -Total Admin Cost Allowances: $
3,000
4,800
5,200
1,600
9,000
0
0
0
200
6,800
36,500
67,100
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
100%
3,000
4,800
5,200
1,600
9,000
0
0
0
200
6,800
36,500
$ 67,100
3,000
4,800
5,200
1,600
9,000
0
0
0
200
6,800
36,500
$ 67,100
CITY ADMINISTRATIVE SUPPORT COSTS BASED ON COST ALLOCATION (ATTACHED)
Object
Code
Item
Total During Fiscal
Year 2016/17
Total FY - Admin
Costs
JULY 2016 THRU
JUNE 2017
1
City Administrative Support Costs
based on Cost Allocation
418,000
14.6%
60,950
$ 60,950
CITY ATTORNEY (contract services)
Object
Code
Description of Services
Total During Fiscal
Year 2016/17
Percent to
Admin
Total FY - Admin
Costs
JULY 2016 THRU
JUNE 2017
6017
City Attorney's Office - Woodruff, $
Spradlin & Smart (Including: Stradling
Yocca Carlson & Rauth; Richards,
Watson & Gershon; Remy, Thomas,
Moose & Manley; Waters & Company;
and Jeanette Justus). This does not
include legal services from the
following firms that are associated with
project costs: 1) Armbruster Goldsmith
& Delvac LLP; 2) Cappello and Noel
LLP, and 3) Kutak Rock.
Sub -Total City Attorney: $
100,000
100,000
100%
$ 100,000
$ 100,000
$ 100,000
$ 100,000
SPECIFIC SERVICES
Object
Code
Description
Total During Fiscal
Year 2016/17
Percent to
Admin
Total FY - Admin
Costs
JULY 2016 THRU
JUNE 2017
1 6315
Lease of Office Space $
Sub -Total Specific Services: $
21,950
21,950
100%
$ 21,950
21,950
$ 21,950
$ 21,950
TOTAL ADMINISTRATIVE SERVICE COSTS
Percent to
Admin
Total FY - Admin
Costs
JULY 2016 THRU
JUNE 2017
TOTAL ADMINISTRATIVE SERVICE COSTS
$ 250,000
$ 250,000
BUDGET - REVENUES (SURPLUS)/EXPENSES (DEFICIT)
0 $