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20031202 RDA SR Public Hearing FY 2003-04 ERAF Shift and Consolidated Loan Agreement between the City and Agency . t • • Aji! • L RANCHOPALOSVERDES REDEVELOMENT AGENCY PUBLIC HEARING Date: December 2, 2003 Subject: FY 03-04 ERAF Shift and Consolidated Loan Agreement between the City and Agency. 1. Declare the Hearing Open: Chair 2. Report of Notice Given: Agency Secretary Purcell 3. Staff Report & Recommendation: Dennis McLean, Director of Finance • 4. Public Testimony: 5. Agency Questions: 6. Rebuttal: 7. Declare Hearing Closed: Chair 8. Agency Deliberation: 9. Agency Action: W:\FORMS\public hearing format rda.doc Revised: 7/10/2002 • • / � A4LMEMORANDUM RANCHO PAL0s VERDES TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD FROM: DENNIS McLEAN, DIRECTOR OF FINANCE AND INFORMATION TECHNOLOGY SUBJECT: FY03-04 ERAF SHIFT AND CONSOLIDATED LOAN AGREEMENT BETWEEN THE CITY AND AGENCY DATE: DECEMBER 2, 2003 Staff Coordinator: Kathryn Downs, Accounting Manager RECOMMENDATION: 1. Approve Resolution RDA No 2003-\ , A RESOLUTION OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY MAKING FINDINGS IN CONNECTION WITH THE FY03-04 EDUCATIONAL REVENUE AUGMENTATION FUND PAYMENT AND AUTHORIZING A CONSOLIDATED LOAN AGREEMENT WITH THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY IN CONNECTION WITH THE AGENCY'S PROJECT AREA NO. 1. 2. Authorize the Chair and Agency Secretary to execute the attached Consolidated Loan • Agreement between the City and the Rancho Palos Verdes Redevelopment Agency. 3. Authorize staff to begin accounting for the cost of administrative services and facilities provided by the City to the Rancho Palos Verdes Redevelopment Agency, effective December 1, 2003; and to add those costs to the outstanding consolidated loan balance between the City and Agency annually. BACKGROUND: The Rancho Palos Verdes Redevelopment Agency (the "Agency")was formed in 1984 with the purpose of financing long-term capital improvements designed to eliminate physical and economic blight in Project Area No. 1 through stabilization of hazardous landslides. The Agency's Project Area No. 1 was divided into two geographical areas: Abalone Cove and Portuguese Bend. The geographical areas are accounted for in separate funds of the Agency. Abalone Cove Fund Financing The Abalone Cove landslide abatement project of the Agency was initially financed by the issuance of $10 million of County Improvement District Bonds (the "Bonds") in 1991. The Bonds were issued as part of the Reimbursement and Settlement ("Horan") Agreement entered into between the County, City, Agency and the Horan litigants in 1987. After • payment of amounts previously owed the County and the City, approximately$6.7 million of net bond proceeds were transferred to the Agency's Abalone Cove fund in 1991 to finance FY03-04 ERAF Shift and onsolidated Loan Agreement be en the City and Agency December 2, 2003 Page 2 of 6 • landslide abatement projects. Under the terms of the bond restructuring in 1997,the County Bonds were repaid through the Agency's issuance of$5,455,000 of tax allocation bonds(the"1997 RDA Bonds")and a lump sum payment of $4,545,000 to the County. The lump sum payment was funded with $2 million of accumulated tax increment, $1 million of fund reserves from the Abalone Cove fund and a loan to the Abalone Cove fund by the City in the amount of$1,545,000. As part of the 1997 bond restructuring, accrued interest on the original $10 million County Bonds was recalculated at a lower interest rate (5 percent vs. 7.7654 percent per the original Bonds) and deferred by the County. The deferred interest totaling $3,111,400 is non-interest bearing and is subordinate to the payment of the 1997 RDA Bonds. Per the terms of the 1997 bond restructuring, the County began impounding all Agency tax increment in November 1997 for repayment of the $5,455,000 1997 RDA Bonds and the $3,111,400 deferred interest debt. The amortization schedule for the 1997 Bonds is presented in column D of Attachment A, Tax Increment Projections & Debt Service Schedule. No deferred interest shall be paid to the County until the 1997 RDA Bonds are paid in full. As of the date of this report, $450,994 tax increment has been impounded to apply to scheduled bond payments until the 1997 RDA Bonds are paid in full. Impounded tax increment will thereafter be applied to the $3,111,400 of deferred interest obligation owed to the County until paid in full. • The City and the Abalone Cove fund of the Agency entered into a Loan Agreement, dated November 30, 1997,when the City advanced $1,545,000 to the Abalone Cove fund as a part of the 1997 bond restructuring. An additional $12,000 loan was made from the City to the Abalone Cove fund in FY02-03 to perform miscellaneous Abalone Cove Sewer site restoration activities. The total principal loan owed the City by the Abalone Cove fund was $1,557,000 as of June 30, 2003. Including accrued interest of $788,986, the total amount owed to the City by the Abalone Cove fund was $2,345,986 as of June 30, 2003. The loans between the City and the Agency continue to be subordinate to the payment of the 1997 RDA Bonds and deferred interest debt. The Abalone Cove sewer project was completed during FY02-03 and the system is operational. With the completion of the sewer project, the Abalone Cove fund is completely depleted. Although no projects are included in the FY03-04 budget for the Abalone Cove fund, any future projects will require funding by the City. Portuguese Bend Fund Financing While the Abalone Cove fund of the Agency has relied upon bond proceeds to finance landslide abatement projects, the Portuguese Bend fund of the Agency relies on the City to finance its landslide projects. The City and the Portuguese Bend fund of the Agency first entered into a Loan Agreement, dated July 1, 1990,when the City began making advances to fund landslide projects in the Portuguese Bend area of the Agency. Between 1990 and 2000, • a total of$4,320,552 was advanced from the City to the Portuguese Bend fund. The total principal loan owed the City by the Portuguese Bend fund was $4,320,552 as of 7 r FY03-04 ERAF Shift and consolidated Loan Agreement be en the City and Agency December 2, 2003 Page 3 of 6 June 30, 2003. Including accrued interest of$4,784,944, the total amount owed to the City by the Portuguese Bend fund was $9,105,496 as of June 30, 2003. If the City Council approves the attached Consolidated Loan Agreement, the total principal loan owed the City by the Portuguese Bend fund will be $4,320,552 as of November 30, 2003. Including accrued interest of $4,962,273, the total amount owed to the City by the Portuguese Bend fund will be $9,282,825 as of November 30, 2003 as stated in Recital C of the attached Consolidated Loan Agreement. As the City's October and November2003 LAIF deposit interest rates were not yet available as of the writing of this staff report, the October and November interest included in the total owed as of November 30, 2003 has been estimated. Request For Additional Increase To The Loan Balance Between the City And The Agency County Tax Increment Administrative Fee After the $2 million lump sum payment of accumulated tax increment during the 1997 bond restructuring, the Agency's Debt Service fund was left with approximately $35,000 in cash. In FY97-98, the County began charging the Agency an annual service fee to administer the Agency's tax increment. The available cash in the Agency's Debt Service fund was used to pay the County's annual fee until the fund was depleted. The General fund has paid a total of $21,309 of administrative fees for the last two years and will continue to do so in the future in accordance with the terms of the 1997 RDA Bonds. • FY02-03 ERAF Shift During 2002, the State of California enacted law (Chapter 1127, Statutes of 2002) requiring California redevelopment agencies to shift $75 million in property tax increment to K-12 schools and community colleges during FY02-03. The state Director of Finance determined the Agency was required to transfer$19,046 to the Education Revenue Augmentation Fund (ERAF). Staff obtained Agency Board approval to disburse the FY02-03 ERAF shift on March 4, 2003. At that time, Staff reported that the $19,046 ERAF shift would be paid from accumulated excess tax increment impounded by the County. Staff subsequently pursued the County to release $19,046 for payment of the ERAF shift, and recently discovered the County will not release any impounded tax increment, as those monies are pledged to repay the deferred interest debt of$3,111,400. Additional Advance Staff requests the City Council authorize an addition to the loan balance of$40,355($21,309 of administrative fees and the FY02-03 ERAF shift of$19,046)from the City to the Agency to clear the interfund payable/receivable accounts between the City's General fund and the Abalone Cove fund. Because the payments were previously made by the City to the County, this requested action serves merely as an accounting and legal affirmation. The beginning loan balance has been adjusted to include the additional loan in the attached proposed • Consolidated Loan Agreement. • FY03-04 ERAF Shift and onsolidated Loan Agreement be en the City and Agency December 2, 2003 Page 4 of 6 If the City Council authorizes the addition to the loan balance, the total principal loan owed the City by the Abalone Cove fund will be $1,597,355 as of November 30, 2003. Including accrued interest of$834,674,the total amount owed to the City by the Abalone Cove fund will be$2,432,029 as of November 30, 2003 as stated in Recital D of the attached Consolidated Loan Agreement. As the City's October and November 2003 LAIF deposit interest rates were not yet available as of the writing of this staff report, the October and November interest included in the total owed as of November 30, 2003 has been estimated. Purpose Of Consolidated Loan Agreement Between The C y And Agency Tax increment growth over the last ten years has averaged 10.6 percent annually. If tax increment continues to grow at a similar pace in the future, there may be sufficient tax increment to repay a portion, or all of the Agency's debt to the City after the Agency's debt to the County is repaid in full. Continuing the loan agreement between the Agency and the City formalizes the legal requirement for the Agency to do so. Staff has prepared an analysis titled Tax Increment Projections & Debt Service Schedule. The analysis contains two scenarios that project the Agency's future tax increment (see attachment A). Scenarios 1 &2 both estimate the first five years of future tax increment using the same property value growth rates as presented in the 2003 Five-Year Financial Model. 4111/ Scenario 1 conservatively assumes that property tax increment growth stabilizes at two percent for the remaining years of the analysis. Based on tax increment growth rates presented in Scenario 1, approximately $7.7 million of property tax increment may become available to pay the Agency's debt to the City, before the Agency's ability to collect tax increment expires in 2034. Scenario 2 assumes that property tax increment growth will accelerate in years five through eight of the analysis, then stabilize at two percent for the remaining years of the analysis. The temporary accelerated tax increment growth in Scenario 2 is based upon the possible development of a residential tract within the Agency's Project Area No. 1 (Point View). Based on tax increment growth rates presented in Scenario 2, approximately $16.7 million of property tax increment may become available to pay the Agency's debt to the City, before the Agency's ability to collect tax increment expires in 2034. Recommendation To Add Administrative Costs And Future ERAF Shifts To Consolidated Loan Balance In the event that sufficient tax increment becomes available to repay the City a portion, or all of the loan amount, the City Attorney has prepared the attached Consolidated Loan Agreement between the City and the Agency to capture the cost of resources provided by the City, including 1) Administrative services and facilities (e.g. staff time, equipment usage, insurance, facilities, and incidental administrative expenses such as printing costs); 2)Annual County administrative fees paid from the City's General fund; and 3) Potential future ERAF • shifts paid from the City's General fund. Per the Consolidated Loan Agreement, each July 1st,the City's department heads will confirm rr FY03-04 ERAF Shift an nsolidated Loan Agreement betillen the City and Agency December 2, 2003 Page 5 of 6 the level of service provided to the Agency during the fiscal year just ended. Staff will • calculate the total cost of services provided to the Agency and amounts remitted on behalf of the Agency, and add that dollar amount to the consolidated loan balance each August 1St. If the City Council approves the Consolidated Loan Agreement, staff requests authorization to begin accounting for administrative services provided to the Agency beginning December 1, 2003, for future addition to the consolidated loan balance between the City and Agency. Although the accounting for administrative costs provided to the Agency have always been incurred by City Staff, it was prudent to utilize bond proceeds solely for capital projects until the Abalone Cove fund balance became depleted. The County administrative fee has increased from$9,000 in FY97-98 to more than$13,000 in FY03-04 (an average of 7.5% annually). The County will continue to charge an annual administrative fee in the future. The Agency's Debt Service fund has no cash to pay the annual fee; therefore, the City's General fund must pay for it on behalf of the Agency. The Consolidated Loan Agreement provides a mechanism to add the annual fee to the consolidated loan balance between the City and Agency. Earlier this year,the State of California enacted law(Chapter 260, Statutes of 2003)requiring California redevelopment agencies to shift $135 million of property tax increment to K-12 schools and community colleges during FY03-04. The state Director of Finance determined the Agency is required to transfer $32,878 to the ERAF by May 10, 2004. The Agency is unable to make the required ERAF payment; and therefore, as required by state law, the City's General fund must pay the $32,878. Considering the continued California budget • crisis, the Agency may expect additional future ERAF shifts. With approval of the attached resolution, the City Council will make the finding that the Agency cannot pay the FY03-04 ERAF shift, which must then be paid from the City's General fund, as required by state law. The Consolidated Loan Agreement provides a mechanism to add future annual ERAF shifts to the consolidated loan balance between the City and Agency. The estimated August 1, 2004 addition to the consolidated loan balance would include: 1. The FY03-04 ERAF shift of$32,878; 2. The FY03-04 County fee for administering the Agency's property tax increment (estimated to exceed $13,000); and 3. Seven months of administrative services and facilities provided by the City to the Agency (December 1 through June 30, estimated to exceed $17,000). Interest on the advance between the City and Agency continues to be based upon the interest rate earned by the City's Local Agency Investment Fund (LAI F) deposits plus three percent. The consolidated loan balance is subordinate to the 1997 RDA Bonds and the deferred interest debt owed to the County. Previous loan agreements between the City and Agency required the maturity of each loan with the close of every fiscal year. The proposed Consolidated Loan Agreement defines the maturity date as November 27, 2034, which is the legal limit date for the repayment of • indebtedness by the Agency. The City Council and Agency Board's approval of the attached Consolidated Loan Agreement will provide a mechanism to maximize the amount of the Ci2) ar � FY03-04 ERAF Shift andtonsolidated Loan Agreement be en the City and Agency December 2, 2003 Page6of6 • Agency's future property tax increment paid to the City for services rendered and amounts disbursed on behalf of the Agency. Resp-ctfully submitted, I 4v*ft ( 5Z Dennis McLean Director of Finance and Information Technology Rev,- Les Evans City Manager W:\Agency\LOANDOCS\20031202_loandoc revision staff report.doc RESOLUTION NO. RDA • A RESOLUTION OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY MAKING FINDINGS IN CONNECTION WITH THE FISCAL YEAR 2003-04 EDUCATIONAL REVENUE AUGMENTATION FUND PAYMENT AND AUTHORIZING A CONSOLIDATED LOAN AGREEMENT WITH THE CITY OF RANCHO PALOS VERDES IN CONNECTION WITH THE AGENCY'S PROJECT AREA NO. 1 RECITALS A. In furtherance of the objectives of the Community Redevelopment Law (California Health and Safety Code Section 33000, et seq.) (the "Law"), the Rancho Palos Verdes Redevelopment Agency (the "Agency") has undertaken a program for the redevelopment of blighted areas in the City of Rancho Palos Verdes (the "City"), and toward this end, has undertaken and is now carrying out the responsibility for the redevelopment of Project Area No. 1 (the "Project Area") pursuant to and in furtherance of the Redevelopment Plan for the Project Area (the "Redevelopment Plan"). B. In compliance with all requirements of the Redevelopment Law, the Agency and the City Council adopted the Redevelopment Plan, which provides for the redevelopment of the Project Area by undertaking such actions as may be appropriate to abate the geologic hazards, install a sewer system, and facilitate other improvements in the Project Area. C. Prior to execution of this Agreement, the City previously advanced to the Agency's Portuguese Bend Fund $4,320,552, plus accumulated interest of$4,962,273 as of November 30, 2003, for a total outstanding balance of $9,282,825 as of November 30, 2003. D. Prior to execution of this Agreement, the City previously advanced to the Agency's Abalone Cove Fund $1,597,355, plus accumulated interest of $834,674 as of November 30, 2003, for a total outstanding balance of $2,432,029 as of November 30, 2003, which outstanding balance includes the required ERAF payment for Fiscal Year 2002-03 and administrative and over-head expenses for Fiscal Year 2002-03. E. During Fiscal year 2003-04, the Redevelopment Law requires redevelopment agencies to pay certain amounts to the county auditor for deposit in the ERAF for the benefit of public schools, with the payment due to the county auditor by May 10, 2004. Redevelopment agencies may be required to make similar ERAF payments in future Fiscal years. F. During Fiscal year 2003-04, if a redevelopment agency determines that is • unable to make the required ERAF payment, the agency may allocate to R6876.0001/752103.2 1 1111 the county auditor less than the full required ERAF payment if the agency 4111 and city enter into an agreement providing for the city to fund the difference between the amount allocated by the agency and the full amount of the required ERAF payment. In the event that agencies are required to make an ERAF payment in subsequent fiscal years, the Redevelopment Law may provide similar provisions allowing cities to make the ERAF payments on behalf of agencies. G. In carrying out the Redevelopment Plan for the Project Area, the Agency is utilizing the staff and other resources of the City. The City Manager of the City serves as Executive Director of the Agency and the staff of the planning and community development department and staff of the engineering and public works department devote substantial time in connection with redevelopment of the Project Area. H. By providing and making available to the Agency the staff and other resources of the City, and by providing and making available to the Agency office space, equipment, supplies, insurance, and other City services and facilities, the City has advanced and will continue to advance the cost of the foregoing to the Agency. I. The City and the Agency desire to enter into an agreement to acknowledge the foregoing recitals, to provide for the City to advance • funds to the Auditor of the County of Los Angeles (the "County Auditor") for ERAF payments, to provide for the City to advance administrative and overhead costs for redevelopment purposes and to provide for an appropriate method of repayment by the Agency for such advances together with funds previously advanced by the City for redevelopment purposes. NOW, THEREFORE, THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. The State Director of Finance has notified the Agency and the City Council that the Agency's required ERAF payment for Fiscal year 2003-04 (the "2003-04 ERAF Payment") is $ 32,878.00. Section 3. Set forth on Exhibit A, attached hereto and incorporated herein, are each existing indebtedness of the Agency incurred prior to September 1, 2003, the payment of which is to be made in whole or in part, directly or indirectly, out of the taxes allocated to the Agency pursuant to Health and Safety Code Section 33670 on which a payment is required to be made • during the 2003-04 fiscal year, the amount of each such payment, and the time when it is required to be made during the 2003-04 fiscal year. R6876.0001/752103.2 2 • I Section 4. The chief fiscal officer of the Agency has reviewed the40 information set forth in Exhibit A and has determined that the information set forth therein is accurate in all respects. Section 5. Based upon the information set forth in Exhibit A, the Agency hereby finds that it will be unable to make the 2003-04 ERAF Payment to the County Auditor in that this amount is necessary to make payments on existing indebtedness that are due or required to be committed, set aside, or reserved by the Agency during fiscal year 2003-04 and are or will be used by the Agency for that purpose and the Agency has no other funds that can be used to pay this existing indebtedness and no other feasible method to reduce or avoid this indebtedness. Section 6. The Agency and City Council have held a duly noticed joint public hearing regarding this Resolution and the 2003-04 ERAF Payment. Section 7. The Agency desires to enter into the Consolidated Loan Agreement by and between the Agency and the City, attached hereto as Exhibit B, to provide for the City to advance funds to the County Auditor for ERAF payments, including the 2003-04 ERAF Payment, to provide for the City to advance administrative and overhead costs for redevelopment purposes and to provide for an appropriate method of repayment by the Agency for such advances together with funds previously advanced by the City for redevelopment purposes. Section 8. The Consolidated Loan Agreement attached hereto as Exhibit B is hereby approved and the Chairman is hereby authorized and directed, for and in the name and on behalf of the Agency, to execute the Consolidated Loan Agreement and to deliver it to the City of Rancho Palos Verdes in substantially the form hereby approved, with such changes therein as the Chairman may approve, such approval to be conclusively evidenced by his execution and delivery thereof. Section 9. The members of the Agency and its officers, employees and counsel are hereby authorized to do all acts and things, which may be required of them by this Resolution. All such acts and things heretofore done are hereby approved, ratified and confirmed. PASSED, APPROVED AND ADOPTED this 2nd day of December 2003. Chairman ATTEST: 411 R6876.0001/752103.2 3 • 0 • Secretary 40 0 R6876.0001/752103.2 4 to 0 t1 a EXHIBIT A • Set forth below are each existing indebtedness of the Agency incurred prior to September 1, 2003, the payment of which is to be made in whole or in part, directly or indirectly, out of the taxes allocated to the Agency pursuant to Health and Safety Code Section 33670 on which a payment is required to be made during the 2003-04 fiscal year. The amount of each such payment is expressed as a dollar amount or as a percentage of tax increment revenues generated in Project Area. The Agency, the County and the City entered into a Memorandum of Understanding, dated as of November 1997 (the "MOU"). Pursuant to the MOU, at the time of each allocation of property tax revenues, the County Auditor-Controller shall pay to the Agency the amount required to be set aside in the Agency's low and moderate income housing fund pursuant to Health and Safety Code Section 33334.2, which is 20 percent of the gross tax increment generated in the Project Area. Pursuant to the MOU, after making the disbursement described above, the County shall pay to the Consolidated Fire Protection District of Los Angeles County all the amount payable to the District under Section 8(B)of the Reimbursement and Settlement Agreement, • dated October 13, 1987 among the County, the Agency and the City (the "Settlement Agreement"). Pursuant to Section 8(B) of the Settlement Agreement,this amount is 17 %of the gross tax increment generated in the Project Area. Pursuant to the MOU, the County shall next pay all amounts required to be paid with respect to the tax allocation bond issued by the Agency on December 2, 1997, to the order of the County, in the original principal amount of $5,455,000, all of which remains outstanding (the "RDA Bond"). The RDA Bond is secured by, and payable from tax increment revenues allocated to the Agency, net of tax increment revenues required to be set aside in the Agency's low and moderate income housing fund and net of tax increment revenues paid to the Fire Protection District, as described above (the "Net Tax Increment"). The principal of the RDA Bond shall mature in installments on each December 2, commencing December 2, 2004. Interest shall accrue with respect to the unpaid principal of the RDA Bond at the rate of 5% per annum and shall be payable in arrears on each June 2 and December 2, commencing June 2, 1998. Set forth below, are the debt service payments on the RDA Bond for fiscal year 2003-04: • R6876.0001/752103.2 A-1 Amount of Each Date Required to be Total of All Payments Payment Paid $136,375 12/02/03 $136,375 06/02/04 $272,750 Pursuant to the MOU, on December 3rd of each year, after the payment of all principal of and interest on the RDA Bond theretofore becoming due and payable, the County shall retain for its own account all remaining Net Tax Increment until the County shall have received an aggregate amount of$3,111,400, without interest. Such amount represents unpaid interest on the $10,000,000 aggregate principal amount of the County's C 26541-M, 1915 Act Limited Obligation Improvement Bonds (Abalone Cove) (the"County Bond"), the proceeds of which were paid to the Agency to finance landslide mitigation measures in accordance with the Settlement Agreement. The MOU provided for the cancellation of the County Bond. As of the date of this Resolution, $450,994 of the $3,111,400 has been repaid to the County. The MOU provides for tax increment revenues to be paid to the • Agency, after the above payments have been made. However,during fiscal year 2003-04 no funds will be available for disbursement to the Agency. • R6876.0001/752103.2 A-2 0