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19920505 CC SR Repayment of Advances to RDA from City - Loan Agreement between RDA and City FY 1991-92 • 1qoo• • i • • MEMORANDUM RANCHO PALOS VERDES TO: Redevelopment Agency Board of Directors FROM: Mark A. Rohloff, Deputy Executive Director DATE: May 5, 1992 SUBJECT: Repayment of Advances to RDA from City - Loan Agreement Between RDA and City - FY 1991-92 RECOMMENDATION 1. Authorize the repayment of $819,956 (in both principal and interest) in loans made by the City of Rancho Palos Verdes to the Redevelopment Agency to fund improvements in Abalone Cove. The above amount will be repaid from County Improvement Bond proceeds. The net balance on the loans as a result of this repayment shall be $0. 2. Authorize the Agency Chairman to execute the attached Loan Agreement between the Redevelopment Agency and the City of Rancho Palos Verdes to fund Redevelopment Agency activities in Fiscal Year 1991-92 for the Portuguese Bend RDA Fund. The proposed loan will fund RDA activities in the amount of $165,000 in FY 1991-92. BACKGROUND On January 29, 1991, the Agency Board entered into a loan agreement with the City of Rancho Palos Verdes to fund Agency activities in the Redevelopment area. As the current loan agreement states, the loan matures concurrently with the close of the fiscal year. The purpose of this maturity date is so that the loan may be updated on an annual basis to consolidate loans in previous years with any repayments or additional loans. On July 25, 1991, the County of Los Angeles issued $10 million in County Improvement District Bonds as part of the Horan Settlement. These funds are now available to fund activities in Abalone Cove. After setting aside funds for loans made to the Abalone Cove Fund by the County and the City, and after the set aside of $1 million to establish a maintenance trust fund, approximately $6.5 million remains in' the fund. In the case of Portuguese Bend, however, the RDA does not currently have the resources to fund these projects; therefore, an additional loan from the City is necessary. The details on the two separate RDA funds and the City loans made to them are as follows: 411 110 1991-92 Loan Agreement with City May 5, 1992 Page 2 Portuguese Bend Fund When the City of Rancho Palos Verdes adopted its 1991-92 budget, $150,000 was budgeted to be transferred to the RDA. This amount was adjusted to $125,000 as a result of mid year budget reductions by the City. An additional $40,000 is also needed to fund the repairs to culverts under Upper Narcissa Drive and Sweetbay Road in the Portuguese Bend Community Association. Although this area is technically in the vicinity of the Abalone Cove landslide area, the Landslide Subcommittee recommended that money from the Horan settlement not be spent for these repairs, and that the repairs be paid for out of the Portuguese Bend Fund through an additional loan from the City. The attached loan agreement incorporates all previous loans made by the City to the Portuguese Bend Fund into one loan agreement, and includes the additional $165,000 proposed to be loaned to the Agency for FY 91-92. The total principal amount loaned to the Portuguese Bend Fund through June 30, 1992, shall be $1,762,552. With accrued interest, the amount owed by the Portuguese Bend Fund is $2 ,090,374. Abalone Cove As of June 30, 1991, the City had loaned the Redevelopment Agency $738,859. After reviewing the charges made to the Abalone Cove Fund from 1987 to 1991, staff identified expenses totalling $39,502 which could be construed as not being eligible for funding with County Improvement bond proceeds. These expenses include design costs for the proposed sewer system in Portuguese Bend, assessments paid to the Abalone Cove Landslide Abatement District, expenses associated with the RDA's membership in CMANC, legislative services provided by Del Smith, and construction of the decorative wall by Wayfarer's Chapel as part of the PV Drive South reconstruction project. When accrued interest of $120,239 (10% compounded annually from the dates which funds are advanced up to May 31, 1992) is added to the adjusted principal amount of $699,357, a total of $819,596 is owed by the Abalone Cove Fund to the City. Some questions have been raised about the City's 10% interest rate and whether such a rate is justified when interest rates are as low as they are at this time. City loans to redevelopment agencies vary in types and terms from city to city. However, because loans to RDAs in their early stages are virtually impossible to obtain, due to the RDA's low initial tax increment, the current commercial loan market is not necessarily a proper comparison. When the City made the loans to the Abalone Cove Fund, there was still doubt that the County Improvement Bonds would ever be issued in the first place. Had the bonds not been issued, repayment on these loans • l ' 411 110 • .= 1991-92 Loan Agreement with City May 5, 1992 Page 3 would have been more difficult. The Agency Board may want to request that the City reduce the interest rate on the loans, or that the interest be forgiven in part, or in total. Based on previous agreements, the 10% interest rate is appropriate and consistent with the rate paid by other redevelopment agencies to cities which loan them funds. The $819,596 proposed to be repaid by the RDA is more than the $400,000 which the City budgeted to be repaid in FY 91-92. At the time the FY 91-92 budget was being prepared, it was unclear what funds, if any, would be available to repay the City. It was acknowledged at the time that staff knew that $400,000 was not the full amount, and that the fiscal year 90-91 audit would verify the full amounts owed. With more complete information, the City would have budgeted the full amount. Because of the continuous controversy over the loans made to the Abalone Cove Fund, staff recommends that closure be made on this matter and that all funds loaned to Abalone Cove be paid in full at this time, as the Agency had indicated to Judge Chernow when the loans were initially made. This full repayment is consistent with County loans made to Abalone Cove which were repaid to the County out of the initial bond proceeds. The Abalone Cove loan is to be repaid out of County Improvement Bond proceeds, which has been the understanding since the City began making loans to the Abalone Cove Fund. Funds advanced to the Abalone Cove Fund are eligible for reimbursement to the City, based on a July 13 , 1990 court order by Judge Eli Chernow which was agreed to by the City, Redevelopment Agency, the County of Los Angeles, and the Horan litigants' representative. Respectfully Submitted, Reviewed: /e(a& Mark A. Rohloff Paul D. Bussey Deputy Executive Director Executive Director Attachment: Loan Agreement - 1991-92 lnmemrd3.rd2