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HomeMy WebLinkAbout2015-042 I RESOLUTION NO. 2015-42 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 4 APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE 14-15B FOR THE PERIOD OF JANUARY THROUGH JUNE 2015 AND 5 APPROVING CERTAIN RELATED ACTIONS. 6 WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a)(1),the 7 Redevelopment Agency of the City of San Bernardino was dissolved February 1, 2012; and 8 WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor and 9 Common Council of the City of San Bernardino elected to serve in the capacity of the Successor 10 Agency to the Redevelopment Agency of the City of San Bernardino (the"Successor Agency"); and 11 WHEREAS, the Oversight Board for the Successor Agency (the "Oversight Board") has 12 been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved 13 redevelopment agency; and 14 WHEREAS, per HSC § 34177 (1)(1), the Successor Agency is required to prepare a 15 Recognized Obligation Payment Schedule (the "ROPS") before each six-month fiscal period, which 16 corresponds to equal halves of a fiscal year (i.e., January through June and July through December); 17 and 18 WHEREAS, a ROPS is the basis for the Successor Agency's authority to make payments 19 due for enforceable obligations (the"EOs"); and 20 WHEREAS, each ROPS must also be approved by the Oversight Board and is reviewable 21 by the County Auditor-Controller, the County Administrative Officer, the California Department of 22 Finance ("DOF") and the California State Controller's Office; and 23 WHEREAS, on September 22, 2014, the Oversight Board adopted Resolution 24 SBOB/2014-07, approving ROPS 14-15B; and 25 WHEREAS, the ROPS 14-15B, which is appended to this Resolution as Exhibit "A"; 26 included $21,971,482-worth of EOs (i.e., $20,469,740-worth to be funded with RPTTF [i.e., 27 Redevelopment Property Tax Trust Fund, formerly tax increment], $1,352,627-worth to be funded 28 1 1 from other funds [i.e., rental income], and $149,115-worth to be provided from third-party funds 2 [i.e., debt service contributions from third parties]); and 3 WHEREAS, over a ten (10) week period following the filing of ROPS 14-15B, Successor 4 Agency representatives responded to DOF staff inquiries, provided them with supporting 5 information, participated in several conference call meetings and participated in a meet and confer 6 meeting with DOF staff, and 7 WHEREAS, on December 17, 2014, the DOF issued their final determination letter, which 8 is appended to this Resolution as Exhibit `B"; and 9 WHEREAS, the DOF's December 17, 2014 letter: i) denied a portion of three (3) EOs 10 worth $1,294,705 (i.e., EO Nos. 95, 113 and 114 — certain school district prior period pass through 11 payments); ii) reassigned two (2) EOS worth $45,211 to other funding; iii) denied $40,197 of the 12 requested administrative allowance; iv) applied $1,519,467 of prior period adjustments; and v) 13 authorized the distribution of$17,570,160 of RPTTF to the Successor Agency, of which $566,009 14 represents the administrative allowance; and 15 WHEREAS, on December 26, 2014, the County Auditor-Controller issued the Successor 16 Agency a check in the amount of$15,617,533, which was all of the RPTTF then available to the 17 Successor Agency for ROPS 14-15B; and 18 WHEREAS, in addition to available RPTTF, the Successor Agency is also able to apply 19 $4,973,836 of additional funding, which consists o£ i) $3,472,094 of prior period adjustment-based 20 RPTTF; ii) $1,352,627 of other funds (i.e., rental income); and iii) $149,115 of third-party funds 21 (i.e., debt service contributions from third parties); and 22 WHEREAS, therefore, the sum of RPTTF and other funds available for use during ROPS 23 14-15B equals $20,591,369, which is sufficient to fund the Successor Agency's enforceable 24 obligations during the period of January through June 2015; and 25 WHEREAS, consistent with the immediately foregoing recital, staff has prepared the 26 Successor Agency's plan use of ROPS 14-15B resources, as depicted in Exhibit "C" to this 27 Resolution; and 28 2 1 WHEREAS, this Resolution has been reviewed with respect to applicability of the 2 California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code 3 of Regulations, Title 14, §§ 15000 et seq., hereafter the "Guidelines"), and the City's environmental 4 guidelines; and 5 WHEREAS, this Resolution is not a "project" for purposes of CEQA, as that term is 6 defined by Guidelines § 15378, because this Resolution is an organizational or administrative 7 activity that will not result in a direct or indirect physical change in the environment, per § 8 15378(b)(5) of the Guidelines; and 9 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have 10 been met. 11 NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the 12 Redevelopment Agency of the City of San Bernardino, as follows: 13 Section 1. The foregoing recitals are true and correct and are a substantive part of this 14 Resolution. 15 Section 2. The Successor Agency's ROPS 14-15B for the period of January through 16 June 2014, which is attached hereto as Exhibit "A", is approved, inclusive of each enforceable 17 obligation. 18 Section 3. The Successor Agency's plan for the use of ROPS 14-15B resources, which is 19 attached hereto as Exhibit"C", is approved. 20 Section 4. The City Manager, as Executive Director of the Successor Agency, or 21 designee, is hereby authorized and directed to: i) implement ROPS 14-15B on behalf of the 22 Successor Agency; ii) implement the Successor Agency's plan for the use ROPS 14-15B resources; 23 and iii) take such necessary actions and execute such documents as are necessary to effectuate the 24 intent of this Resolution, inclusive of authorizing ministerial revisions to the Successor Agency's 25 plan for use of ROPS 14-15B resources. 26 Section 5. This Resolution is not a "project" for purposes of CEQA, as that term is 27 defined by Guidelines § 15378, because this Resolution is an organizational or administrative 28 3 I activity that will not result in a direct or indirect physical change in the environment, per § 2 15378(b)(5) of the Guidelines. 3 Section 6. This Resolution shall take effect upon its adoption and execution in the 4 manner as required by the City Charter. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 APPROVING RECOGNIZED OBLIGATION PAYMENT SCHEDULE 14-15B FOR THE PERIOD OF JANUARY THROUGH JUNE 2015 AND 4 APPROVING CERTAIN RELATED ACTIONS (#3710) 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Successor Agency 6 7 to the Redevelopment Agency of the City of San Bernardino, at a joint regular meeting thereof, 8 held on the 17`h day of February, 2015, by the following vote, to wit: 9 Council Members Ayes Nays Abstain Absent 10 MARQUEZ x 11 BARRIOS x 12 VALDIVIA x 13 SHORETT x 14 NICKEL X- 15 JOHNSON x 16 MULVIHILL x 17 18 Georgeann Aanna, �t rk 19 The foregoing Resolution is hereby approved this day of February 2015. 20 1 u 21 22 R. Carey Da is, Chairman Successor Agency to the 23 Redevelopment Agency of the 24 City of San Bernardino Approved as to Form: 25 Gary D. Saenz , City Attorney 26 � By: 27 28 5 1 EXHIBIT "A" 2 SUCCESSOR AGENCY TO THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 4 RECOGNIZED OBLIGATION PAYMENT SCHEDULE 14-15B (January through June 2014) 5 (See Attachment) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 2015-42 Recognized Obligation Payment Schedule(ROPS 14-15B)-Summary Filed for the January 1,2015 through June 30,2015 Period Name of Successor Agency: San Bernardino City Name of County: San Bernardino Current Period Requested Funding for Outstanding Debt or Obligation Six-Month Total Enforceable Obligations Funded with Non-Redevelopment Property Tax Trust Fund(RPTTF)Funding A Sources(B+C+D): S 1,501.742 B Bond Proceeds Funding(ROPS Detail) C Reserve Balance Funding(ROPS Detail) D Other Funding(ROPS Detail) 1,501,742 E Enforceable Obligations Funded with RPTTF Funding(F+G): $ 20,469,740 F Non-Administrative Costs(ROPS Detail) 19,873,534 G Administrative Costs(ROPS Detail) 596,206 H Current Period Enforceable Obligations(A+E): $ 21,971,462 Successor Agency Self Reported Prior Period Adjustment to Current Period RPTTF Requested Funding I Enforceable Obligations funded with RPTTF(E): 20,469,740 J Less Prior Period Adjustment(Report of Prior Period Adjustments Column S) (556,964) K Adjusted Current Period RPTTF Requested Funding(I-J) $ 19,912,776 County Auditor Controller Reported Prior Period Adjustment to Current Period RPTTF Requested Funding (L Enforceable Obligations funded with RPTTF(E):._.. 20,469,740 M LOSS Prior Period Adjustment(Report of Prior Period Adjustments Column AA) fN Adjusted Current Period RPTTF Requested Funding(L-M) 20,469,740 Certification of Oversight Board Chairman: Pursuant to Section 34177(m)of the Health and Safety code,I Title hereby certify that the above is a true and accurate Recognized Name Obligation Payment Schedule for the above named agency. is/ Signature Date EXHIBIT "A" 2015-42 Recognized Obligation Payment Schedule(ROPS 144513)-ROPS Detail January 1,2015 through June 30,2015 (Rep.Amounts in W M1de Dollars) A B C D E F G H I f L M N O P funtlln 9ourca NonRetl.-pm«t Progeny Tez Trust Fund Talal Nan42PTTF RPTTF CanlrecBAti meet ConlractlAerxmant ONatending Resern Iteme Pro'«t Nemel p.m Obli aeon Obli et-T Ex«utlon Data _L., —1-Data P",, D.... IonlPro«t S.... Pm«I Arse ar 0611 e< ired Band Procaetls Balance OtM1ar FUntla No1-- Admin 91x Ma1.9148 $ 231.22 $ - $ - 1501742 19.473030 598.206 21,9]1482 31998A TABS Bmtl.I.—d On or 31211990 71112020 US 8-1, Central C' RDA Pro ec4 M/CC 87 1217144 1241144 4 19988 TAB. Banda Issuetl On or 321998 ]112020 US Berk Central City RDA Projecla MILL 4.]0 558.250 558.250 Before 12131110 62002.4 TAB. Bontls Issued Onw 3/42002 211/2031 U6 Benk Mt Vernon Prop.Aree Mry 482 83,425 85.42 Before 12/31/10 7 2002 TABS Bontls Issuetl On or --111192001 4/1/2026 U6 Benk SC,CON,SEIP,NW,TRI,UP end SV SC CON,SEIP,NW, 2fi,63 1928,868 1.828,888 Before 121]1110 Pro ads MI UP 62005.4 TABa Bwrtls lasuetl On ar 9222005 1011/2025 USBenk SC,CCN,SEIP,NW.TRLUPand SV SC,CCNSEIP,NW. 49.35 984.220 984.220 Beiwe 12131110 Pro'acb TRI UP SV 9 F0 TATABS BorMS Issued On or 922/2005 -1112025 US Benk SC,CCN.SEIP,NW,TRI,UP ana SV SO,CCN,SEIP NW, 16.3338>.282 Before 12/31/10 Proeclz TRIUP.SV 102010ARECOVERY ZONE Bontls Issued Onw 12162010 /1/2030 USBenk —q ZOne Proj«ls CCN,MILC.NW 11.5N 118493 342,382 6$8,6]5 Before 12131110 1120108 TABS Bonds I—ed On or 12/62010 6/112028 US Bank NoHM1weat Project Aree NW 4,352.710 N 238.800 236,800 Ra are 1v31110 121995HHIghl—---SIR ua S... 9/1993 /2025 USBenk Sr Housing Cwnplsz IVDA 1.673.109 N 1052 105.486 Housing Issued On w Before B 1 7 1 12/31/10 13 1995R Casa Remorse Sr Hws'mg Revenue Bonds 6/19/1995 ]/112025 US Benk Remorse Sr Housing Complex MN 1544,]62 N ]1.1]0 8].024 ued On or Before 31110 14 CMB-Export$15.000,000 NO- Third-Pen,Loans 10/312009 9/12015 CMB Expod InheelrucWre Various construction wOjecb per SC,UP.CCN.CCS, 15.]87.500 N 393.750 393.]50 Grau SEIP.TRI 15 CMB-EZp $10000.000 Ndea Third-Pen Loons 3/M2011 12112017 CMB Export I.—trust— Various cons-.stun wojects per CCE,CCS,CCN, 11,575.000 N 282,500 262.500 G,. a reemenl M1CC 210 16 CMB-Espod$0.000,000 NOrs Thirtl-PeM LOenz alt/2010 0/12016 CMB Ezp.Inhaslrudura Variow.--ian pojecb per IVDA 8.840.000 N 210,000 .000 Gro 17 Gineme Ssdion 108 Bontls Bonds Issued On or 611511988 811/201/ Bank of New York Cinema S.,project LCN.MICC,NW 3.033,298 N 2],853 27'053 Bvbre 12131110 19 Hil -DOA TI Reimburaamant OPAIDDA/Canatrwti 9/182006 4/2712021 N9e—Properties TezS.,,n9 Agreement-W—h.... SC 3001,561 N - Facili 20 SPCA-Sib Remadietion OPArDDNCOnslr«010/]2002 8/3012018 BP Cei Tex SM1aring Agreement Slle TRI —,.MS N 95,129 95.129 mediation 24 SB C«my Tranziii—,ASSistence OPA/D.1. 1rudi 611612004 2/212020 Waterman MOMlnes Tez She,—Agreement-New LCE 317,106 tN — De dmen TAO Leesetl Buildin canavuct-n 2a 20.TABst Bonda lasuetl On or]2O200fi 5111202] US Benk LMIHF Pro—IPmgrama CCN 26 261.494 2,120559 2.128,559 B.wre 1v3vto - 31 RvOreee H«IM Berri Misulbnsom 6232005 ar1W2045 Various Employees roe SupPbmenbl Ha."Benefit ALL 5209.513 27,500 27'500 ReOA anc Pdic 32 Susses..Ag—Ad— min Cwb 3/112012 41120]0 loos Verbus etlmin aclivNes in auppod of ALL 7,072 OW Ste— lbe de..,Don of Me former RDA 33 L'ai lion-Urausel Mell Plec Le' Don 97!2011 4/112030 L...Brisbds Le el re msemetion iw 1111 e0on MICC 1 34 Leipelon-Pearl v.City of San LiOgetion 5/2012011 4112030 Lewis Brisboiz LewauB-PVrsorolinjury ALL 1 Bernardino 36 Laigeton-Glen Aire MHP Corp ge 2012 rzO30 L�ncdn TUrek Lawsuit-Glen Aire MNP Cwp ate/ .IVDA 38 Lwg Term-pvdy Ma,n.nance PI—I 62011 6/102045 rw Vendors Meinlenanw of iwmer RDA Wo n 6.730,000 1,250,000 1'250,000 Meinlenance w8N AS 1484 63 HSC 341]1 jtlN1)(Al Reaarve BwMS Issued OP w 3211998 4112030 USBenk ReplenbM1nrm o(DSR Draws ALL 4,1149.438 N Beore 12131110 114 SecurNes Servicin fees 31211996 4/120]0 UB Benk Securaies Servkin of all Banda ALL 924,15] N ]1089 ]1.068 2015-42 Recognized Obligation Payment Schedule(ROPS 14-158(-ROPS Detail January 1,2015 through June 30,2015 IR.p Amanb in Whde Dolbr.) C D E F O H K L M N 1 O P Fundin Seurw NonRetlevsiop—Pr dy T.Trust Fund Tole/ N—PT TF RPTTF Contrwt/ABreerwnt Cen—Agrwmwlt Outaunding Debt Rwern amp P —.—Debt Obli etlen Obi etlenT E-1-Deis TerMnetion Dets Pew Descri IonRre act SCO Pro—A or Obii tion RetirW Bond Proceetla Be... OIM1er FUntle Nen-AdMn Ad.. 91s-MOnIM1 Total 94 Ununded Pria-Year Peas-Th—h Mizwlbneou. 2/1.2014 4/12030 Rieao Unified Schad Unfunded Pr -Veer P—Th, h ALL 1 Y Pe ment Obli etions D16— Pe ment Obli edam 2X23.386 MM Be RSknburzemsnt Agreement for Debt B.M.Iaawd Ono 929/1999 91112024 US Benk Rsimbu.—for Debt Servbs for ALL 6,439.559 N 133,513 133.513 Service on 1999 COPS Before 12131110 999 COPa 201 BM.6 SeutF Velb 97 1996A TAB. —lsaued On or 32/1996 7/12020 US Benk Add—of Pdncip,1j3Wd'nn ALL Y Before 12/]1110 ment for R0P5 1]-148 1 9619900 TABS Bonds Issued On or 32/1996 7/1/3020 US Benk Atldilion of Prir�cipel redugian ALL 1 Y BRe aye 12/31110 ant far RODS 13-148 99 1995H HigM1bntl LMM1eren SR ev nw Barka 611911995 ]/1/2025 US Benk Dltt�erne beMaen DOF ePWwetl ALL Y Housing Issued On a Bolan emeunl entl vduelemounl per 12131/10 Trwte:s 1md t0O 19958 Cese Remone Sr Housing Rsvenue Benda /1911995 1/1/2025 US Benk Dillerenw balwsen OOF epprwatl ALL 1 Y Issued On or Beiaa 6 aunt eM actual amount per B ntla10 Tr.....imdw 1012006 TABS en booed On or 3202006 .1/202] US Benk Addition of Pnncipel led— ALL 1 Y MEMMERM Beforo 12/31110 moot for ROP513-148 103 2005B TABZ Saks I....d On or 9222005 101112025 US Benk Correct error in DOF's ROPS II PPA ALL 1 Y Bvlere 12131110 f-'E0 N 9 104 CMS-E.pod$10.000,000 Nobs Thirtl-Party I. 392011 12/1201) CMS E.parl lnbaatrudura Correct a main DOF'.ROPS II PPA ALL 1 Y br EOd15 105 W—dtl Bltlg. TII'ed-Pent Lwna 61112006 1112013 Reymida Sen Ber ono Gwacl error m DOF'e ROPS II PPA ALL 1 Y I.,E.126 10fi L10gedon-Carousel Melt(PI.co) Litigation 9/1rz011 4112030 Lwia.—is Correct error in DOF'a ROPS II PPA ALL 1 Y for EO 133 1 p rm PropeM Meimenenu 262011 a/10/2e45 Verieua Vend— Correll enor k DOF'a ROPS 11 PPA ALL 1 Y OT Lon Te spade 6 br EO d 36 1 Neighbo-d long Serviw:, Unfu.—Limb 1.— 6/102010 6902013 NapMOrbeed Housing Payment br Housing Program ALL 1 Y . U. ROP61 Invoice ices.Inc. Ezwnses During ROPS i Thet Wera Not Pad eM Obcovered b A 1092005A TABS Interest ROPS 13-14A Mbcellaneous 9222005 10112025 USSenk an of budget aaamete�rer in ALL 1 Y 110 20058 TAB.interest-IS 11-11A Mbcelleneeus 9222005 10112025 US Benk CaPrectbnlof budgeleedmets enor n ALL I Y BOPS 13-14A f.Interest due 11119958 S.—Interest ROPS 13- ecelbneous 6/19/1 W5 1112025 US Senk Cone—of budget....—ue error in ALL Y 14A ROP513-14A is iMereat d 2015-42 R.-gnlzed Obllgatlon Payment Sct.edule(ROPS 14-15B)-ROPS Detail January 1,2015 through June 30,2015 (Reperl Ameun in de DMI-) A B C D E F G H I J N I L M N 1 O P Funtlin Source Non--p.wnt Property Tex Trust FuM Tolel N—APTTF RPTTF Cont—Agrwmwt ConVactlAgrwmw.[ OWIeMIng Debt Rwern emX met Debl Obll Mlon Obli anonT Exwul.on D.W TarmineNen Oele P.Y.. Deecrl IenNre wl9ce Pro et Arae or OEII ellon R.— Bond Proweda Belww Other Funtla Non-AtlMn Atlmin Slx-Month Tole. 1 112 CMB-EZ ,t$10000,000NOlee Third-PeM Lwn ]1]2011 12/11017 OMB Espod lnhwtructure OoOeclion of budget w6mate error in ALL V 1-1-ROPS 13-14A Grw ROPS 13.1 11 Mlerost due 81,700 5gz.431 115 Third-Pery Reluld I-Minton LNgaden 211/2012 6/11030 Special C.—I Th-Pert'Fulled L6ge0m',Ory ALL 50,000 N 50,000 50,000 110 Reel Propery Security Servcaa P,.,.Menepemam 91161014 81]01201] —11.Sercurily,Inc. Night-lime Mobik Swuriy G..M ALL 622.252 N 102.627 102.62! Costs Servcies 117 Apprehel Services-LBgetion LNgedon 10181014 &301015 IMegre Beatty Resources. Appre'sel for SANBAG E..0 ALL 9,500 N 9,500 9,500 Inc. Demein Lawsuit Deleme 118 Condemnation JUtlgment ll n 1v14no10 6A0n015 Estate 01 Wil4em R.Blend UnpeM Judgment aM Fiwl Order el ALL 67.000 N 87,000 67,000 Condemne8on 119 CMB-Export 815.000000 Note —d- nyLwra 10/52009 9/11015 IC E.W lnfrwlruc.u.e One-Half d prin 1reduction 7,500.000 N 7,500.000 7.500.000 Pricipal Reduction Payment Group ..m dw on 9/11015 for EO p 14 MSG 34171 tl 120 Continuing Disclosure Sarvius Professional 10/11012 91301017 Urban FWUrea,Irc. Conlinuirq Dbcbaur•Sery ea Mr ALL 40500 N 1],500 13.500 Sarvkaa 2002.200M.20051.20058.2006. 2010A wd 2010B TAB. 121 Lilig.don-Glen Aire MHP—p LidgeOOn 3/51012 4111030 Endeman Lin-1.1, Thee.-.regweled is to tarred City,IV OA 23,275 N 23,275 23175 Heebr _budgatuMar-esOmeM for BOPS 13-148.See EO X]6 on PPA F2m. 1221nkil. ct--WiW.OPA OPA/DDA/COnsbudi 12101010 713112013 University Parkway TM amoud regwsled iz to correct Sc 21.936 N 21,936 21.936 Promenade Me budget uMerat—for ROPS 13-14B.See EO p 40 an PPA Form. 23 N 124 N 125 N 26 N 127 N 126 N 129 N 130 N 131 N 132 N 133 N 134 N 135 N 136 1 N IV N 136 139 N 1401 N 141 142 N 43 144 N 45 148 N 147 N 148 N 149 N 150 N 51 52 N 153 155 N "Al N 2Ol5-42 A:nTl— A-1— A.—l— A.-I A.—l— —.1 ...) --l— A-1 "1".71 393.- L93.711 L.2 I.-E- OPA 4— 20l5-42 71 L.EII- L MR IOPS 13 � 2015-42 `--q ed Obllgatim Payment SO—CROPS 14-158)-ReportorPrbrPadWMjuat- Rep WI,—ROPS 13-14B(January 1,2014 iM1rougM1 June30,2014)Perbtl PunuanlN HealtM1 sntl SeNly Cotle(HSC)aacEOn.1.(a) (Report ARiounN in WhlN DWI—) or AO•ncy(SA�Se anquef N�PPA�:P� ss lsf,sN en nausea io r.Pen ine einererm•bennen froir adwlev.iisbb fumi•y eye fN a3 fJ.r.wry nwu0n/�w zofa�Pe nidReaeveioPmem Prownv Tex T�wfFVe(RPTTFf ePwewa mrira 50�/•mmry inmuen/vn 2of5f vaoa.•aePenn e•by me sP'•aeanpan.e ROPS t3 tae pnw penoa audmem.HSC Seaiw Setae�e�eboapecnba fneffro 1-1 P•noa.a�wf•a•i•••unp•nea wy by fne ca.ry swuor�mmuer�cnc�em fiw sfeieecomiouer a ExpanalW rea RPTTF E.I-.Wt.... (A 11;YI Yeea w P F) �1 Dldelredwl .PTTF Iaoasifi3 taB OIRDi%e nm L, vro�acl N•ma/Debt eta)c erol ce ea)d nalrw N•t,x.y S�f S -SpN f 8 5 OB SAU f S E08 5 e0e 5 Saa S.nUro)0 b f 3a f 5 3a f -S 2015-42 Recognized Obligation Payment Schedule(ROPS 14-15B)-Notes January 1,2015 throu h June 30,2015 Item# i Notes/Comments For the 2010A BABS,the Federal Direct Payment is calculated at 45%of the interest payment From time to lime,the Federal Government under-pays its obligation 10 which will increase the Successor Agency's payment amount. 12 For the 1995H Bonds,[he owner's contribution is equal to the estmated amount applicable during ROP 14-15A. 13 I Forms 1995R Bonds,the owners contribution is is equal to the eslmated amount applicable during ROP 14-15A The Arden-Guthrie Section 108(CDBG)Loan has an RDA stand-by guaranty that may only be called upon if the CDBG funds during any year are insufficient to make 18 debt service.Since CDBG revenue is projected to be sufficient during ROPS 14-15A,no current payment is needed from RPTTF 19 Due to credit balance,payments to HilMrood are deferred to ROPS 15-16B.Future payments will appear on the"B"ROPS cycles. 20 The payment amount shown is the unpaid balance from ROPS 14-15A.Future payments will appear on the"B"ROPS cycles. Due to credit balance,payments to Waterman are deferred to ROPS 15-16B.Future payments will appear on the"B"ROPS cycles.Further,per input from the 24,Oversight Board the project's name has been expanded to more correctly describe the project. The Auto Plaza Reader Board Loan Guaranty may only be called on it the Auto Mall Association fails to make a debt service payment to CBB.No such payment failure 41 is ant cipatedtludng ROPS 14-15A. The Successor Agency was unable to fund EO#82 during ROPS 14-15A.The Successor Agency is holding in abeyance its funding request for EO#82 for ROPS 14- 82 15B The Successor Agency may reconsider this matter in the future. DOF denied this item based in part on its belief that some the unpaid property taxes were incurred after the property was transferred from the RDA to the SBEDC.In fact,the Rem represents only taxes incurred before the RDA acquired the property.These taxes became an obligation of the RDA when it acquired the property by 87 f0mckisum in February 2011. The Successor Agency therefore requests DOF reconsideration of this Rem. 88 The Successor Agency is holding in abeyance its funding request for EO#88 for ROPS 14-15B.The Successor Agency may reconsider this matter in the future. 90 The Successor Agency is holding in abeyance its funding request for EO#90 for ROPS 14-156.The Successor Agency may reconsider this matter in the future. 91 The Successor Agency is holding in abeyance its funding request for EO#91 for ROPS,14-15B._The Successor Agency may reconsider this matter in the future. 92 1 The Successor Agency is holding in abeyance Its funding request for EO#92 for ROPS 14-15B.The Successor Agency may reconsider this matter in the future. 95 Unfunded Prior-Year Pass-Through Payment Obligations.The SBCUSD has asked for DOF reconsideration of this EO. 96 The requested amount is equal to the actual debt service only applicable to the South Valk and 201 Building portions of the 1999 COPS. 113 Unfunded Prior-Year Pass-Through Payment Obligations.The SBCSS has asked for DOF reconsideration of this EO. 114 Unfunded Prior-Year Pass-Through Payment Obligations.The SBCCD has asked for DOF reconsideration of this ED. 115 This EO subsumes EO Nos.33,34 and 36.EO No.115 includes costs for third-party litigation for both on-going matters and anticipated litigation. 116 EO No.116 relates to EO No.38,which has been reduced by the approximate amount of EO No.116. 119,The$7.5 million of RPTTF requested represents one-half of principal reduction payment due on 9/1/2015 for EO#14(HSC 34171(d)(1)(A)Reserve) 120 This EO was inativertently not included in prior ROPS. Including this item on this and future ROPS will correct the oversight 121 The amount requested is to correct the budget under-estimate for ROPS 13-14B.See EO#36 on PPA Form. 122(The amount requested is to correct the budget under-estimate for ROPS 13-14B.See EO#40 on PPA Form._ In column"I"(total outstanding debt or obligation)the amount shown for EO#I 19 is also included within the amount shown for EO#14.Therefore,the total of the 14 8 119(Successor Agency's outstanding obligations shown in Excel Cell 1-6 is actually$7,500,000 less for a total of$243,729,149 PRIOR PERIOD ADJUSTMENT FORM _ —- ... For EO#10,the actual debt service payment due was$454,100.Of this amount,$110,288 was Dab from the Federal Direct Payment,$43,715 was paid from prior _10(period suplus funds on hand with the Trustee and$300,098 was paid from RPTTF from ROPS 13-14B. IFor EO It 12,the actual debt service payment due was$104,225.Of this amount,$4,113 was paid with Highland Lutheran funds,$41,805 was paid from Successor 12 Agency RPTTF funds from ROPS 13-14B and$58,307 was paid from ROPS 14-15A RPTTF from EO#99 and will be reported on the PPA from on ROPS 15-16A. ,For EO#13,the actual debt service payment due was$95,360.Of this amount,$83,128 was paid with Casa Ramona funds and$12,232 was paid from ROPS 14- 13 15A RPTTF from EO#100 and will be reported on the PPA form in ROPS 15-16A. 2015-42 Recognized Obligation Payment Schedule(ROPS 14-15B)-Notes January 1,2015 through June 30,2015 horn# Notes/Comments I In its 12-17-13 letter,DOF approved current debt service for EO#28 in the amount of$612,902.DOF also approved$651,996 as a positive prior period adjustment Ifor EO#28 from ROPS II(see page 6 of that letter).Therefore,the PPA for this ROPS shows$1,264,898 being authorized for EO#28 for ROPS 13-14B in Excel cell I-35 with$612,902 allocated to current debt service(as the interest only componet of the payment)in Excel cell J-35.The principal reduction component of this 28 payment(i.e.,$1,470,000)was funded from EO#101 in ROPS 14-15A and will be reported on the PPA form in ROPS 15-16A. CASH BALANCES FORM Cell C-1 consists of DSRFS and$8,763,900 of unspent bond proceeds only.Funds held by the Trustee for current bond-holder payments are not included.All funds are held by US Bank,as Trustee. Cell G-1 is the amount of the retained balance as derived from the OFA DDR and includes the PPAs from ROPS 13-14B and ROPS Line 1 14-15A. For Cell G-3,the third-party expenditures for debt service paid directly by the Trustee(i.e.,as shown in column H of the PPA form for EO Nos.10,12 8 13)are not Line 3 ,included.Only the use of Successor Agency retained balance funds is shown. 1 EXHIBIT "B" 2 3 DECEMBER 17, 2014 LETTER FROM THE 4 CALIFORNIA DEPARTMENT OF FINANCE 5 (See Attachment) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 2015-42 ENS a� ^ 'Z m IIII n o nr * DEPARTMENT OF EDMUND G. BROWN JR. GOVERNOR "g&.IFp131'1NP F I N A N C E 91 5 L STREET ■ SACRAMENTO CA ■ 95814-3706 ■WWW.DOF.CA.C1OV December 17, 2014 Mr. Jim Morris, City Manager's Assistant San Bernardino City 300 North D Street, 6th Floor San Bernardino, CA 94218 Dear Mr. Morris: Subject: Recognized Obligation Payment Schedule This letter supersedes the California Department of Finance's(Finance) Recognized Obligation Payment Schedule (ROPS) letter dated November 14, 2014. Pursuant to Health and Safety Code (HSC)section 341.77 (m), the San Bernardino City Successor Agency(Agency) submitted a Recognized Obligation Payment Schedule (RODS 14-15B)to Finance on October 1, 2014, for the period of January through June 2015. Finance issued a ROPS determination letter on November 14, 2014. Subsequently, the Agency requested a Meet and Confer session on one or more of the items denied by Finance. The Meet and Confer session was held on December 1, 2014. Based on a review of additional information and documentation provided to Finance during the Meet and Confer process, Finance has completed its review of the specific items being disputed. • Item No. 38—Long Term Property Maintenance costs in the amount of$6,750,000. Finance no longer denies this item. It was our initial understanding the properties associated with the requested costs were in the possession of the San Bernardino Economic Development Corporation (SBEDC). Therefore, Finance initially denied this item because the maintenance costs for these properties were the obligations of the SBEDC, not the Agency. During the Meet and Confer process, the Agency provided the quitclaim deeds for the properties showing that they have been transferred from the SBEDC to the Agency. Therefore, these costs are eligible for Other Funds. • Item Nos. 95, 113, and 114—Unfunded Prior-Year Pass-Through Obligations totaling $2,897,529 are not allowed. Finance no longer denies $1,192,547, $52,172, and $358,105 of Item Nos. 95, 113, and 114, respectively; however, Finance continues to deny the remainder of these items. f=inance initially denied these items as it was our understanding the Agency is not named as a party to the Los Angeles Unified School District(LAUSD) court decision. As a result, the Agency does not have binding obligations to these payments. During the Meet and Confer process, the Agency contended that a portion of these items is not related to the LAUSD court decision, but miscalculations of the AB 1290 EXHIBIT "B" 2015-42 Mr. Jim Morris December 17, 2014 Page 2 pass-through amounts owed and not paid. The Agency provided a summary of amounts owed, the amounts paid, and the remaining balances to be paid to the San Bernardino City Unified School District, the San Bernardino County Superintendent of Schools, and the San Bernardino Community College District. Therefore, Item Nos. 95, 113, and 114 in the amounts of$1,192,547, $52,172, and $358,105, respectively, are enforceable obligations eligible for Redevelopment Property Tax Trust Fund (RPTTF)funding. However, as previously stated, the remaining amounts are based on a LAUSD court decision and the Agency was not a named party. Therefore, the remainders of these items are not enforceable obligations and are not eligible for RPTTF funding. • Item No. 116— Real Property Security Services in the amount of$622,252. Finance no longer denies this item. It was our initial understanding the properties associated with the security service costs were in the possession of the SBEDC. Therefore, Finance initially denied this item because the security services performed on these properties were the obligations of the SBEDC, not the Agency. During the Meet and Confer process, the Agency provided the quitclaim deeds for the properties showing that they have been transferred from the SBEDC to the Agency. Therefore, these costs are eligible for Other Funds. In addition, per Finance's letter dated November 14, 2014, we continue to make the following determinations not contested by the Agency during the Meet and Confer: • Item Nos. 121 and 122—Under-Funded Obligations for Glen Aire Mobile Home.Park Corporation Litigation and the Watson Owner Participation Agreement totaling $45,211 are not allowed. Although the Agency incurred more expenditures than Finance authorized, it is our understanding these obligations were paid using Other Funds during ROPS 13-14B period, and currently, there is no outstanding amount due. Additionally, HSC section 34177 (1) (1)(E) requires agencies to use RPTTF only to the extent no other funding source is available. Therefore, these items are not eligible for RPTTF funding. • Claimed administrative costs exceed the allowance by $88,282. HSC section 34171 (b) limits the fiscal year 2014-15 administrative expenses to three percent of property tax allocated to the Agency or$250,000, whichever is greater. As a result, the Agency is eligible for$985,385. The San Bernardino County Auditor-Controller's Office distributed $477,461 in administrative costs for the July through December 2014 period, thus leaving a balance of$507,924 available for the January through June 2015 period. Although $596,206 is claimed for administrative cost, only$507,924 is available pursuant to the cap. Therefore, $88,282 of excess administrative cost is not allowed. Pursuant to HSC section 34186 (a), successor agencies were required to report on the ROPS 14-15B form the estimated obligations and actual payments (prior period adjustments) associated with the January through June 2014 period. HSC section 34186 (a)also specifies prior period adjustments self-reported by successor agencies are subject to review by the county auditor-controller(CAC)and the State Controller. Proposed CAC adjustments were not received in time for inclusion in this letter; therefore, the amount of RPTTF approved in the table below only reflects the prior period adjustment self-reported by the Agency, as adjusted by Finance. 2015-42 Mr. Jim Morris December 17, 2014 Page 3 The Agency self-reported a prior period adjustment in the amount of$556,964. During our review, Finance determined the Agency neglected to include $962,503(the prior period adjustment from ROPS III as listed on the ROPS 13-14B determination) in the Non-Admin RPTTF Available Amount. As a result, Finance adjusted the Non-Admin Available Amount, by $962,503, which increased the prior period adjustment to $1,519,467 ($556,964 + $962,503). Therefore, to the extent the Agency disagrees with our review, the Agency should work provide suitable documentation to modify the prior period adjustment proposed by Finance. In addition, Finance noted the following during our review: • On the ROPS 13-14B Prior Period Adjustment worksheet, the Agency's expenditures exceeded Finance's authorization for the following items: o Other Funds totaling $211,359- Item No. 9, $177; Item No. 10, $110,292; Item No. 12, $1,936; Item No. 13, $42,766; Item No. 31, $10,977; Item No. 36 (listed as Item No. 121 on ROPS 14-15B), $23,275; Item No. 38, $278,131, and Item No. 40 (listed as Item No. 122 on ROPS 14-15B), $21,936. Per HSC section 34177(a) (3), only those payments listed on ROPS may be made by the Agency from the funds specified on the RODS. However, these items were determined to be enforceable obligations for the ROPS 14-15B period. Therefore, Finance is increasing the Agency's authorization for the ROPS 14-15B period to ensure that authorization is consistent with expenditures for the approved enforceable obligations. As these Other Funds were previously expended, the increase in authorization should not result in increased expenditures for the current ROPS period, but should merely allow the Agency to reconcile actual expenditures to the authorization. HSC sections 34177 (a)(4)and 34173 (h) provide mechanisms when Agency payments must exceed the amounts authorized by Finance. Please ensure the proper expenditure authority is received from your Oversight Board and Finance prior to making payments on enforceable obligations. Except for items denied in whole or in part, Finance is not objecting to the remaining items listed on your ROPS 14-158. The Agency's maximum approved RPTTF distribution for the reporting period is $15,919,251 as summarized in the Approved RPTTF Distribution Table below: 2015-42 Mr. Jim Morris December 17, 2014 Page 4 Approved RPTTF Distribution For the period of January through June 2015 Total requests r non-a minstratKe obligations 19,873,534 Total RPTTF requested for administrative obligations 596,206 Total RPTTF requested for obligations on ROPS $ 20,469,740 Total RPTTF requested for non-administrative obligations 19,873,534 Denied Items Item No. 95 (1,030,851) Item No. 113 (29,528) Item No. 114 (234,326) Item No. 121 (23,275) Item No. 122 (21,936) (1,339,916) Total RPTTF authorized for non-administrative obligations $ 18,533,61$ Total RPTTF requested for administrative obligations 596,206 Administrative costs in excess of the cap(see Admin Cost Cap table below) (40,197) Total RPTTF authorized for administrative obligations r$ 556,009 Total RPTTF authorized for obligations $ 19,089,627 Self-reported ROPS 13-14B prior period adjustment(PPA) (556,964) Finance adjustment to ROPS 13-14B PPA (962,503) Total ROPS 13-14B PPA (1,519,467) Total RPTTF approved for distribution $ 17,570,160 Administrative Cost Cap Calculation Total RPTTF for 14-15A(July through December 2014) 15,915,373 Total RPTTF for 14-15B(January through June 2015) 18,533,618 Total RPTTF for fiscal year 2014-2015 34,448,991 Allowable administrative cost for fiscal year 2014-15(Greater of 3%or$250,000) 1,033,470 Administrative allowance for 14-15A(July through December 2014) 477,461 Allowable RPTTF distribution for administrative cost for ROPS 14-15B 556,009 Total RPTTF administrative obligations after Finance adjustments 596,206 Administrative costs in excess of the cap r$ (40,197) Pursuant to HSC section 34177 (1)(1)(E), agencies are required to use all available funding sources prior to RPTTF for payment of enforceable obligations. During the ROPS 14-15B review, Finance requested financial records to support the cash balances reported by the Agency; however, the Agency was unable to support the amounts reported. As a result, Finance will continue to work with the Agency after the ROPS 14-15B review period, to properly identify the Agency's cash balances. If it is determined the Agency possesses cash balances that are available to pay approved obligations, the Agency should request the use of these cash balances prior to requesting RPTTF in ROPS 15-16A. Please refer to the ROPS 14-15B schedule that was used to calculate the approved RPTTF amount: http://www.dof.ca.gov/redevelopment/ROPS 2015-42 Mr. Jim Morris December 17, 2014 Page 5 This is Finance's final determination related to the enforceable obligations reported on your ROPS for January 1 through June 30, 2015. This determination only applies to items where funding was requested for the six-month period. Finance's determination is effective for this time period only and should not be conclusively relied upon for future.periods. All items listed on a future ROPS are subject to a subsequent review and may be denied even if it was or was not denied on this ROPS or a preceding ROPS. The only exception is for those items that have received a Final and Conclusive determination from Finance pursuant to HSC section 34177.5 (1). Finance's review of items that have received a Final and Conclusive determination is limited to confirming the scheduled payments as required by the obligation. The amount available from the RPTTF is the same as the amount of property tax increment that was available prior to the enactment of ABx1 26 and AB 1484. This amount is not and never was an unlimited funding source. Therefore, as a practical matter, the ability to fund the items on the ROPS with property tax is limited to the amount of funding available to the agency in the RPTTF. Pursuant to HSC section 34177 (a)(3), only those payments listed on an approved ROPS may be made by the successor agency from the funds specified in the ROPS. However, if for whatever reason the Agency needs to make payments for approved obligations from another funding source, HSC section 34177 (a)(4) requires the Agency to first obtain oversight board approval. To the.extent proceeds from bonds issued after December 31, 2010 exist and are not encumbered by an enforceable obligation pursuant to HSC section 34171 (d), HSC section 34191.4(c)(2) (B) requires these proceeds be used to defease the bonds or to purchase those same outstanding bonds on the open market for cancellation. Please.direct inquiries to Evelyn Suess, Dispute Resolution Supervisor, or Mary Halterman, Analyst, at(916)445-1546. Sincerely, r7 / JUSTYN HOWARD Acting Program Budget Manager cc: Ms. Lisa Connor, Project Manager, City of San Bernardino Ms. Linda Santillano, Property Tax Manager, San Bernardino County California State Controller's Office 1 EXHIBIT "C" 2 THE SUCCESSOR AGENCY'S PLAN 3 FOR USE OF ROPS 14-15B RESOURCES 4 (JANUARY THROUGH JUNE 2014) 5 (See Attachment) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 2015-42 The Sucusaor Ag-y-•Plan Foruu of R0P514-158 Resources(lanuary thru lone E0351 undkg RPM 0-FUnds Third Part Funds RPM Other FUnds Th'vd Party FUnds RPM PPA RPM Other FUnds Third Pa .- TOTAI Obi Uueery PS Reo BOPS Reo ROPS ReR OOF APProv<d DOF APP--d roved Pro -Use Plan Dosed Use 1- osed Use Pkn P--d Use Plan Dosed Uae Plan 1991A TABS $ 1,24),144 $ st$ st$ ],24),144 3 - 8,250 55H,E50 - 558,250 81'421 - 85pzs 6 2002A TABS 585 421 - 85,425 - 28,808 - - - ,928,888 J 2002 TABS 1,928,888 - - 8,888 - 84,220 - 984,220 SA iaBs 984,220 - 81,220 36J,E82 - 367,282 6I,2HE 20051 TABS ),282 116,493 342,382 116,493 342,382 - - 1 458,8)5 6 382 11 20101 TABS 1 .6,800 - - 136,800 - 236,800 6 493 136,800 1995N Bonds 1 05,486 - IA52 ]OSA86 - 1,452 105pe6 - 1,45E 106.938 19958 Bonds 1 6),024 - 31,1)0 6),024 - 31,170 6),020 - - 31,1]0 98,394 14 EB-5 Note 1515M-Interest Only) 393,)50 - - 393,):0 - 393,)50 - - 393,)50 Ote IS10MIn�erest Only) - 262,500 - - - - - 262,500 230.000 220,0000 _ 210,000 EB-s Nose($eM-Interest Only 210 000 - - _ - - 27,853 Bond<ICnemal 27, - 2),853 - - - . - 11 aPnd:IA-611 Hdlwood Tax Sharing Agr. - 9s 129 9:129 95,129 Cal Tax Sharing agr. 95,129 - - - - - 20 xslwrine ABr. - - 2.126,559 - - 2,126,559 18 2006 TABS IHO.inel 2.126,159 - - 2.126,559 - - Nnded liability - - - Su 4 ),soo z6s000 ro Rill Heash s5 :56009 AAemmi.o-anOp 2 ss6,zo6 - ss. - . 1.250,000 - 1.250,000 - 1,250,000 1,250,000 PrOPertY Maintenance - - - - 3. Mall ReaeerBOard - 82 DSRF RePlenisM1men[s - 71 - - )1,019 - - - 71,009 - rPropertYTaxes 4 - 192,54) - 192,547 95 SROty OSD Pass TM1ru Pmt. 2,223,398 - ,192,64) - - 1999COPSReimbursemenf 33,513 - 33,513 - 1152,13 - 1133,513 96 a.T...... 1,)00 - 11 1)1 - .)1 - - sz.v2 114 SBCCD Pass Th,o Pmt. 591,431 - - sa 105 - 359,10: - .10050 3so,0oD 10,040 us nerroaka DhganpP so,.. - 1oz - 1.11 sn perI Security 5rvs. 9,SW 102, 9,000 102' 9 11) APPraisal Servues llitl Condemnation lodgment 8),000 e),OW _ _ 00000 ),500,000 4,013,906 3,4)2,090 ote l$]SM Prin.Redu<LI J513,'00 Dist10sure LingauonO6len Aire MNP - - - Infrasnu<ture-Watson OPA 3 21,936 122 TOTAL 0 604 $ E0.469,740 $ 1,3526E7 $ 149,115 $ 19,8,627 $ 1,35x,6E7 $ 141111 $ 10,617,533 $ 3,47;094 $ 3.353,617 $ 149,115 $ 30,591,369 ed for BOPS l4-ISB: $ 15,617,033 Other FUnds to be Applkd During ROPO]4-150: 1,352,61) Third-Party F.nd.tobe Apptkd During R0PSI4- B: ,110 [a be Applled During ROPS 3,472oN4 TOTAL: $ 10,-,- unding Categories =Oebt Servke or Debt Service Related =Administratio 3=Enlorc.k Obligation 4=No Payment Due During R0P514 ISA0 Nobs:1.The$3,47E,o9401 PPA RPTTF is funded hom the PPA reserve balance. 2.the SUM OF 141 1,H45 equab$21,971,-and Ues b R0P514-1$6,as sub-d M of 145 thru 0.45 equals$20,591,369,rhkh k the p f app-damount Including all uurus. 4.The proposed use plan calls for lundkg A approved EOC. EXHIBIT "C"