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HomeMy WebLinkAboutResolution - SA 23-02DocuSign Envelope ID: C054D799-BD7E-4BC1-9750-E54FB62F28BE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) RESOLUTION NO. SA 23-02 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(m) FOR THE PERIOD JULY 1, 2023 TO JUNE 30, 2024 WHEREAS, pursuant to Health and Safety Code section 34173(d), the City of San Jacinto ("Successor Agency") is the successor agency to the dissolved Redevelopment Agency of the City of San Jacinto, confirmed by Resolution No. 3408 adopted on January 9, 2012; and WHEREAS, pursuant to Health and Safety Code section 34179(a), the Oversight Board is the oversight board to the Successor Agency; and WHEREAS, pursuant to legislation, effective the fiscal year of 2018-19, the County of Riverside has established a Countywide Oversight Board to conduct the business of the Successor Agency's Oversight Board, which has been dissolved; and WHEREAS, Health and Safety Code Section 34177(m), added by AB 1484, and effective June 27, 2012, requires that the Successor Agency submit an Oversight Board approved "recognized obligation payment schedule" ("ROPS") for the period July 1, 2023, to June 30, 2024, to the Department of Finance, the State Controller, and the County Auditor -Controller no later than February 1, 2023; and WHEREAS, the Countywide Oversight Board has required resolutions approved by the Successor Agency for all items submitted to the Oversight Board; and WHEREAS, the Successor Agency has prepared a ROPS covering the period July 1, 2023, to June 30, 2024, and will submit said ROPS to the Oversight Board for approval. NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the Successor Agency to the Redevelopment Agency of the City of San Jacinto: SECTION 1. Recitals. The Recitals preceding this Resolution are true and correct and are incorporated into this Resolution. SECTION 2. CEQA Compliance. The approval of the ROPS through this Resolution does not commit the Successor Agency to any action that may have a significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. DocuSign Envelope ID: C054D799-BD7E-4BC1-9750-E54FB62F28BE SECTION 3. Approval of the ROPS. The Successor Agency hereby approves and adopts the ROPS, in substantially the form attached to this Resolution as Exhibit A, pursuant to Health and Safety Code Section 34177. SECTION 4. Implementation. The Successor Agency shall submit copies of the ROPS approved by the Oversight Board to the County of Riverside Auditor -Controller, the State of California Controller and the State of California Department of Finance prior to February 1, 2023, and to post the ROPS on the Successor Agency's website. SECTION 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. SECTION 6. Certification. The City Clerk of the City of San Jacinto, acting on behalf of the Successor Agency as its Secretary, shall certify to the adoption of this Resolution. SECTION 7. Effective Date. Pursuant to Health and Safety Code Section 34179(h), all actions taken by the Successor Agency and the Oversight Board may be reviewed by the State of California Department of Finance, and, therefore, this Resolution shall not be effective for five (5) business days after approval by the Oversight Board, pending a request for review by the State of California Department of Finance. DocuSign Envelope ID: C054D799-BD7E-4BC1-9750-E54FB62F28BE RESOLUTION NO. SA 23-02 PASSED, APPROVED AND ADOPTED at a regular meeting of the Successor Agency to the San Jacinto Redevelopment Agency on the 3rd day of January 2023, by the following vote: AYES: Hawkins, Vandever, Ledezma NAYS: None ABSENT: Ayala, Ruiz ABSTAIN: None GOVERNING BOARD OF. THE SUCCESSOR AGENCY TO THE SAN JACINTO REDEVELOPMENT AGENCY: "*%" j4m.a (p&toonal) Alonso Ledezma, Chair ATTEST: �� F- Julia Espinoza, Agency Secretary APPROVED AS TO FORM: BEST BEST & KRIEGER, LLP AA //" J Michael J. Maurer, Agency Legal Counsel DocuSign Envelope ID: C054D799-BD7E-4BC1-9750-E54FB62F28BE STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO) CERTIFICATION I, Julia Espinoza, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the. foregoing Resolution No. SA 23-02 was duly passed, approved and adopted at a regular meeting of the Successor Agency to the San Jacinto Redevelopment Agency on the 3rd day of January 2023, by the following vote: AYES: Hawkins, Vandever, Ledezma NAYS: None ABSENT: Ayala, Ruiz ABSTAIN: None WITNESS MY HAND AND OFFICIAL SEAL this 31d day of January, 2023. 3� F- Julia Espinoza, Agency Secretary DocuSign Envelope ID: C054D799-BD7E-4BC1-9750-E54FB62F28BE EXHIBIT A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (Attached behind this cover page) Successor Agency: County: SAN JACINTO RIVERSIDE Recognized Obligation Payment Schedule (ROPS 23.24) - Summary Filed for the July 1 2023 through June 30 2024 Period 23-24A Total 23.24E Total Current Period Requested Funding for Enforceable Obligations (ROPS Detail) (July - December) (January -June) ROPS 23.24 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): $ 488,208 $ 138,657 $ 626,765 F RPTTF 463,208 113,557 576,765 G Administrative RPTTF 25,000 25,000 50,000 H Current Period Enforceable Obligations (A+E): $ 488,208 $ 138,667 $ 626,766 Certification of Oversight Board Chairman: Dr. Scott Price Chairman Pursuant to Section 34177 (o) of the Health and Safety code, I Name Title hereby certify that the above Is a true and accurate Recognized Obligation Payment Schedule for the above named successor /s/ /19/2023 agency. Sigga ure Date San Jacinto Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024 ftxon— e.nnnnfs in Whnla nnuar<1 A B I C D E F G H I J K L I M I N 1 O 1 P Q R I S I T I U V W 23-24A (July - December) 23-24B (January - June Fund Sou Fund Sources Contract/ Contract/ Total Project Name/Debt Agreement Execution Agreement Termination Description/Project Outstanding Debtor ROPS 23-24 Bond Reserve Admin Bond Reserve Admin Item# Obli anon Obligation Ta Date Date Payee Scope Project Area Obligation Retired Total Proceeds Balance Other Funds RPTTF RPTTF 23-24A Total Proceeds Balance Other Funds RPTTF RPTTF 23-24B Total $ 6.947643 $ 626,765 $ $ $ $ 463,208 $ 25,000 $ 488,208 $ - $ $ $ 1131557 $ 254000 $ 138557 2005 Tax Bonds Issued 5/17/2005 Union Bank Bonds Issued to fund San Jacinto 6.873,643 N 574,765 461,208 461.208 113,557 113,657 Allocation Bonds On or Before various projects 12/31/10 1811/2034 1 Employee Costs Admin Costs 7/1/2020 Employees- Administrative Cost San Jacinto 16,578 N 16.578 8,289 8,289 8.289 8.289 City of San Allowance - Payroll 16/30/2021 Jacinto benefits 3 Contract for Admin Costs 7/1/2020 6/302021 Best Best & Legal counsel San Jacinto 10,000 N 10.000 5,000 5,000 5,000 5.000 consulting Krieger, LLP 7 services Housing rehab OPA/DDA/Con 10/6/2009 10/62054 Julien Kim & Housing rehab loan San Jacinto 0 N 0 u 0 loan stnrctlon various contractors 8 Contract for Fees 5/172005 8112034 Union Bank Fiscal agent services San Jacinto 24,000 N 2.000 2,000 2,000 0 fiscal agent related to Bond debt ervices 9s Administrative Admin Costs 7/12020 6/302021 Various Administrative Cost San Jacinto 23,422 N 23,422 11, 711 11,711 11, 711 11.711 costs vendors Allowance - Miscellaneous costs it Agreement/Cont Miscellaneous 628/1983 S282028 San Jacinto Pre -Dissolution San Jacinto 0 N 0 0 0 0 ract Unified School Unfunded Pass- (Original) District Throughs Not Paid By County A-c Per , HSC 34183 16 AgreementlCont Miscellaneous 1228/1993 6282038 San Jacinto Pre -Dissolution San Jacinto 0 N 0 0 0 0 ract Unified School Unfunded Pass- (Added Area) District Throughs Not Paid By County A-c Per HSC 34184 17 San Jacinto Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021 (Reoort Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (1), 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. For tips on how to complete the Report of Cash Balances Form, seGEash Balance Tips Sheet. A B C D E F G H Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Prior ROPS RPTTF and Reserve Rent, Non-Admin ROPS 20-21 Cash Balances Bonds issued on or Bonds issued on or Balances retained Grants, and 07/01/20-06/30/21 before 12/31/10 after 01/01/11 for futureperiod(s) Interest, etc. Admin Comments 1 Beginning Available Cash Balance (Actual 07/01120) RPTTF amount should exclude "A" period distribution amount GL Balance less $432,060 from Line 2 490,940 (550,775) (received in 06/20 2 Revenue/Income (Actual 06/30/21) RPTTF amount should tie to the ROPS 20-21 total distribution from the County Auditor -Controller RPTTF received 06/20 and 01/21 for ROPS 20- 5,895 588,678 21 3 Expenditures for ROPS 20-21 Enforceable Obligations (Actual 06/30/21) 606,898 $1,334,131 Pass-Thrusin A/P not included 4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 5 ROPS 20-21 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agency's ROPS 20-21 PPA form submitted to the CAC No entry required 6 Ending Actual Available Cash Balance (06/30/21) CtoF=(1+2-3-4),G=(1+2-3-4-5) $ 0 $ 0 $ 0 $ 496,835 $ 568,995 San Jacinto Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024 Item # I Notes/Comments 8 Can be "Retired," but I cannot mark it as such because of the "data validation restriction defined for this cell." 16 Can be "Retired," but I cannot mark it as such because of the "data validation restriction defined for this cell." 17 Can be "Retired," but I cannot mark it as such because of the "data validation restriction defined for this cell." DocuSign Envelope ID: 1 F186D39-64C2-486E-A3C3-A6DDE5397F9D 1 0 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTYWIDE OVERSIGHT BOARD SUCCESSOR AGENCY TO THE FOR THE COUNTY OF RIVERSIDE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO RESOLUTION NO. 2023 - 016 RESOLUTION OF THE COUNTYWIDE OVERSIGHT BOARD FOR COUNTY OF RIVERSIDE APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR THE PERIOD JULY 1, 2023 THROUGH JUNE 30, 2024 FOR THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO AND MAKING RELATED FINDINGS AND DECLARATIONS AND TAKING RELATED ACTIONS IN CONNECTION THEREWITH WHEREAS, the Redevelopment Agency of the City of San Jacinto (the "Former Agency") was formed, existed and exercised its powers pursuant to the Community Redevelopment law (California Health and Safety Code section 33000 et seq. the "CRL"); WHEREAS, the California state legislature enacted Assembly Bill I 26, as modified by Assembly Bill No. 1484 enacted on June 27, 2012, as further modified by Senate Bill No. 107 enacted on September 22, 2015, as such may be further amended (collectively, the "Dissolution Act"), adding or amending Parts 1.8 and 1.85 to Division 24 of the Health and Safety Code, to dissolve redevelopment agencies formed under the CRL; WHEREAS, pursuant to Section 34173 of the Health and Safety Code, effective February 1, 2012 the Successor Agency to the Redevelopment Agency of the City of San Jacinto, a separate legal entity (the "Successor Agency") was formed to and charged with paying the enforceable obligations, disposing of the properties and other assets, and unwinding the affairs of the dissolved Former Agency; WHEREAS, upon dissolution of the Former Agency, all authority, rights, powers, duties and obligations previously vested with the Former Agency (except for the Former Agency's housing assets and functions) under the CRL vested in the Successor Agency, which was declared - 1 - 1051\04\2372951.4 DocuSign Envelope ID: 1F186D39-64C2-486E-A3C3-A6DDE5397F9D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a separate legal entity effective June 27, 2012; WHEREAS, Section 341790) of the Health and Safety Code provides for the appointment of a countywide oversight board (the "Countywide Oversight Board") with specific duties to approve certain Successor Agency actions pursuant to Section 34180 of the Health and Safety Code and to direct the Successor Agency in certain other actions pursuant to Section 34181 of the Health and Safety Code; WHEREAS, the Successor Agency staff has prepared the proposed Recognized Obligation Payment Schedule for the period of July 1, 2023 through June 30, 2024 ("ROPS FY 2023-24"), substantially in the form shown in Attachment "A", attached hereto and incorporated herein by this reference; WHEREAS, the Successor Agency staff has prepared an administrative budget for the fiscal period commencing on July 1, 2023 and continuing through June 30, 2024 ("FY 2023-24 Administrative Budget"), substantially in the form shown in Attachment `B", attached hereto and incorporated herein by this reference; WHEREAS, the Successor Agency is entitled to an administrative cost allowance (the "Administrative Cost Allowance") pursuant to Sections 34171(b) and 34183(a)(3) of the Health and Safety Code in the approximate amount of $50,000 for the 2023-24 fiscal year of which approximately $25,000 will be disbursed July 1, 2023 and approximately $25,000 will be disbursed January 2, 2024; WHEREAS, on January 3, 2023, the City Council of the City of San Jacinto acting in its capacity as the governing board of the Successor Agency, approved the ROPS FY 2023-24 and FY 2023-24 Administrative Budget by adoption of Resolution Nos. SA 23-01 and SA 23-02, shown in Attachment "C", attached hereto and incorporated herein by this reference; WHEREAS, under Resolution No. SA 23-02, the Successor Agency's governing board represents and warrants that it examined all of the items on the ROPS FY 2023-24 and finds that each of them is necessary for the continued maintenance and preservation of property owned by the Successor Agency until disposition in accordance with the Dissolution Act, the continued administration of the ongoing enforceable obligations, or the expeditious wind -down of the affairs of the Former Agency by the Successor Agency; WHEREAS, pursuant to Section 34177 and 34180(g) of the Health and Safety Code, the ROPS FY 2023-24 and FY 2023-24 Administrative Budget must be submitted to the Countywide Oversight Board for the Countywide Oversight Board's approval; and -2- 1051\04\2372951.4 DocuSign Envelope ID: 1F186D39-64C2-486E-A3C3-A6DDE5397F9D 1 2 3 4 5 6 N 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PZ111 25 26 27 28 WHEREAS, the accompanying staff report, and attachments, attached hereto and incorporated herein by this reference, provide the supporting information upon which the actions set forth in this Resolution are based. NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by the Countywide Oversight Board, in regular meeting assembled on January 19, 2023, does hereby resolve as follows: 1. The Countywide Oversight Board hereby finds, resolves, and determines that the foregoing recitals are true and correct and are incorporated herein by reference, and, together with information provided by the Successor Agency staff and the public, form the basis for the approvals, findings, resolutions, and determinations set forth below. 2. Pursuant to the California Environmental Quality Act (CEQA), based upon a review of the evidence and information presented on the matter as it relates to the adoption of the ROPS FY 2023-24 and the FY 2023-24 Administrative Budget, the Countywide Oversight Board has determined that such approval is categorically exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because there is no possibility that the activities in question will have a significant impact on the environment and the approval of the ROPS is merely the adoption of annual budget; it will not require any construction activities and will not lead to any direct or reasonably foreseeable indirect physical environmental impacts; 3. That the Successor Agency's Executive Director's designee is directed to file a Notice of Exemption with respect to the actions approved under this Resolution in accordance with CEQA. 4. Under Section 34180(g) of the Health and Safety Code, the Countywide Oversight Board must approve the establishment of the recognized obligation payment schedules of the Successor Agency. 5. The Countywide Oversight Board hereby approves the ROPS FY 2023-24 attached hereto as Attachment A (the "Approved ROPS FY 2023-24"). In connection with such approval, the Countywide Oversight Board makes the specific findings set forth below. 6. The Countywide Oversight Board has examined the items on the Approved ROPS FY 2023-24 and finds that each of them is necessary for the continued maintenance and preservation of property owned by the Successor Agency until disposition in accordance with the Dissolution Act, the continued administration of the ongoing -3- 1051\04\2372951.4 DocuSign Envelope ID: 1 F186D39-64C2-486E-A3C3-A6DDE5397F9D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agreements herein approved by the Countywide Oversight Board, or the expeditious wind -down of the affairs of the Dissolved RDA by the Successor Agency. 7. The Countywide Oversight Board Chairperson, Successor Agency Executive Director, and Countywide Oversight Board General Counsel are collectively authorized to make any technical or clerical corrections to the Approved ROPS FY 2023-24 prior to filing with the Department. 8. Under Section 341770) of the Health and Safety Code, the Countywide Oversight Board must approve the Administrative Budget for the Successor Agency. 9. In accordance with the Dissolution Act, the Countywide Oversight Board hereby approves the FY 2023-24 Administrative Budget, attached hereto as Attachment B (the "Approved Administrative Budget") 10. The Countywide Oversight Board hereby authorizes and directs the Executive Director of the Successor Agency ("Successor Agency's Director")], or the Successor Agency's Director's designees, to take all actions and sign any and all documents necessary to implement and effectuate the actions approved by this Resolution as determined necessary by the Successor Agency's Director, or the Successor Agency's Director's designee. The Countywide Oversight Board hereby further authorizes and directs the Successor Agency's Executive Director, or Successor Agency's Director's designee, to execute all documents on behalf of the Successor Agency, and to administer the Successor Agency's obligations and duties to be performed pursuant to this Resolution. 11. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Countywide Oversight Board declares that the Countywide Oversight Board would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution. 12. The Countywide Oversight Board hereby authorizes and directs the County Executive Office staff and the Successor Agency staff to take all actions necessary under the Dissolution Act to file, post, mail or otherwise deliver via electronic mail, internet posting, and/or hardcopy, all notices and transmittals necessary or convenient in connection with the approval of this Resolution. -4- 1051\04\2372951.4 DocuSign Envelope ID: 1F186D39-64C2-486E-A3C3-A6DDE5397F9D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. Pursuant to Health and Safety Code Section 34179, specified actions taken by the Countywide Oversight Board may be reviewed by the State of California Department of Finance, and, therefore, this Resolution shall not be effective until five (5) business days after approval, subject to a request for review by the State of California Department of Finance, or at the time and in the manner prescribed in Section 34179(h) of the Health and Safety Code. PASSED, APPROVED, AND ADOPTED by the Countywide Oversight Board for the County of Riverside on January 19, 2023. - 5 - 1051\04\2372951.4 DocuSign Envelope ID: 1 F1 86D39-64C2-486E-A3C3-A6DDE5397F9D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I hereby certify the forgoing to be a true copy of a resolution passed and adopted by the Countywide Oversight Board for the County of Riverside at a regular meeting thereof held on January 19, 2023, by the following vote: AYES: 5 BOARD MEMBERS: Scott Price, Kathleen Kelly, Russ Martin,Chris Gerry, Chuck Washington NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: 2 BOARD MEMBERS: Tami Scott, Aaron Brown EDocuSigned by: Off PvI'u, 238250368F66468... Dr. Scott Price Chairperson, Countywide Oversight Board ATTEST: DocuSigned by: Kimberly Rector Clerk of the Countywide Oversight Board APPROVED AS TO FORM: Countywide Oversight Board Legal Counsel DocuSigned by: B : [PA ��� y Rafael Yaquian, Goldfarb & Lipman LLP Attachments incorporated by reference: A. Approved ROPS FY 2023-24 B. Approved Administrative Budget C. Successor Agency Resolution Nos. SA 23-01 and SA 23-02 Approving ROPS and Administrative Budget -6- 1051 \04\2372951.4