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HomeMy WebLinkAboutAdopt Agency Resolution No. 352 Approving Amendment of Redev M , � l66- Council/Agency Meeting Held: S Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied C' C erk' Sign t re Council Meeting Date: 11/15/2004 Departmen ID Number: AS O4-039 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCILIREDEVELOPMENT AGENCY JWTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUNCICRIEMOERS/ REDEVELOPMENT AGENCY MEMBERS ' SUBMITTED BY: PENELOPE CUL RETH��RAFT, City Administrator/Exel6uti Director - PREPARED BY: CLAY MARTIN, Director of Administrative Services DAVID C. BIGGS, Director of Economic Development/ eputy Executive Director SUBJECT: Amendment of Redevelopment Agency Debt Pursuant to Operative Agreement Between the City and Redevelopment Agency for the Redevelopment Project (Merged Project Area) and Southeast Coastal Project Area D20 3-,�,2- Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Redevelopment Agency of the City of Huntington Beach incurs debt that allows it to receive tax increment revenue in accordance with California Community Redevelopment law. The Agency is required to file an annual statement to document this debt with the County of Orange Auditor/Controller. This statement is also needed for audit purposes and to keep the City Council informed of the changes in the debt owed the City by the Redevelopment Agency for the merged Huntington Beach Project Area and the Southeast Coastal Project Area. Funding Source: N/A Recommended Action: Motion to adopt Resolution No. &S,?, of the Redevelopment Agency of the City of Huntington Beach amending the Agency Debt pursuant to the Operative Agreement between the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach for the merged Huntington Beach Project Area and the Southeast Coastal Project Area. The debt at September 30, 2004 will be as follows: Merged Project Area $89,283,958 Southeast Coastal Project Area 6,775,000 Total Debt $96,058,958 Alternative Actions : 1. Do not adopt the resolution in which would result in no updating of the Agency debt to the City. 2. Adopt the agreement with modifications that the City Council would specify. REQUEST FOR ACTION MEETING DATE: 1 1/1 512004 DEPARTMENT ID NUMBER:AS O4-039 Analysis: To receive tax increment revenue, the Redevelopment Agency must have sufficient debt on its books each year. It is common practice for cities to book all possible eligible expenditures within a redevelopment project area, such as capital projects, as a debt of the Redevelopment Agency. These capital projects have been undertaken as part of the normal course of business through a number of the City's specialized funds, such as the Water Fund and the Sewer Fund. In addition, interest accrues on this debt, based on the City's annual rate of investment return, which further assures the Agency's ability to collect tax increment revenue in the future. There have been no increases in the debt other than the interest accrual for the merged project area. There is no change in the debt for the Southeast Coastal Project Area. Merged Project Area: The City charged the Agency 2.47% on all outstanding advances for October 15' to September 30th, which is approximately the average yield earned by the City Treasurer on investments for the year through June 30t', 2004. The total interest accruals were $2,327,934. The City Council/Agency approved originally $4,912,678 of debt repayment for the 2003/2004 fiscal year. On February 2, 2004, the City Council/Agency approved an amendment that changed the repayment as follows: Cash Debt Repayment- Original Budget $ 4,912,678 Current Year Business Development Expenses (credited against debt) 287,322 Changes Authorized in February 2, 2004 Council/Agency Action: Increase in Overhead/Accounting Charges (charges do not reduce debt) (221,224) Reducations due to Waterfront TOT transferred to General Fund (705,000) Prior Business Development Expenses 2,886,474 Ocean View Estates Income 132,064 Fiscal Year 2003-2004 Debt Repayment $ 7,292,314 The schedule below shows the breakdown of the operative agreement debt by fund and the changes during the year for the merged project area. It does not include debt incurred with entities other than the City such as bonds, mortgages, and debt owed through Disposition and Development Agreement's and Owner Participation Agreement's with private parties. DEBT Q BUDGETED ACCRUED DEBT Q GENERAL FUND 1011103 REPAYMENTS INTEREST 9/30/2004 DIRECT ADVANCES $11,585,792 $ (6,988,440) $ 4,597,352 INTEREST ON DIRECT ADVANCES 17,278 (303,874) 286,596 (0) TOTAL DIRECT ADVANCES 11,603,070 (7,292,314) 286,596 4,597,352 INDIRECT ADVANCES 6,567,353 6,567,353 INTEREST ON INDIRECT ADVANCES 3,238,842 242,213 3,481,055 TOTAL INDIRECT ADVANCES 9,806,195 - 242,213 10,048,408 LAND SALES 32,833,417 32,833,417 INTEREST ON LAND SALES 30,945,252 1,575,333 32,520,586 TOTAL LAND SALES 63,778,669 - 1,575,333 65,354,003 TOTAL GENERAL FUND 85,187,935 (7,292,314) 2,104,142 79,999,763 SEWER FUND DIRECT ADVANCES 130,560 130,560 -2- REQUEST FOR ACTION • MEETING DATE: 11/15/2004 DEPARTMENT ID NUMBER:AS O4-039 INT ON DIRECT ADV 78,859 5,173 84,032 TOTAL DIRECT ADV 209,419 - 5,173 214,592 DEFERRED DEVELOPMENT FEES 37,888 - 37,888 INT ON DEFERRED DEV FEES 92,537 3,221 95,758 TOTAL DEF DEV FEES 130,425 - 3,221 133,646 TOTAL SEWER FUND 339,844 - 8,394 348,238 DRAINAGE FUND DIRECT ADVANCES 250,000 - - 250,000 INT ON DIRECT ADV 254,702 - 12,466 267,168 TOTAL DIRECT ADVANCES 504,702 - 12,466 517,168 DEFERRED DEVELOPMENT FEES 53,650 - 53,650 INT ON DEFERRED DEV FEES 85,185 3,429 88,614 TOTAL DEF DEV FEES 138,835 - 3,429 142,264 TOTAL DRAINAGE FUND 643,537 - 15,895 659,433 PARK A AND D FUND DEFERRED LAND SALE 1,740,834 - - 1,740,834 INTEREST ON DEFERRED LAND SALE 2,416,642 - 102,690 2,519,331 TOTAL LAND SALES 4,157,476 - 102,690 4,260,165 DEF DEV FEES 247,664 - 247,664 INT ON DEF DEV FEES 60,713 7,617 68,330 TOTAL PARKA AND D DEF DEV FEES 308,377 - 7,617 315,994 TOTAL PARK A AND D 4,465,853 - 110,307 4,576,160 CAPITAL IMPROVEMENT FUND DIRECT ADV 200,000 - - 200,000 1 NT ON DIRECT ADV 283,022 - 11,931 294,953 TOTAL CAPITAL IMPROVEMENT FUND 483,022 - 11,931 494,953 WATER FUND DIRECT ADV 1,138,000 - - 1,138,000 INT ON DIRECT ADV 1,990,146 - 77,265 2,067,411 TOTAL WATER FUND 3,128,146 - 77,265 3,205,411 TOTAL PRE AB 1290 DEBT-ALL FUNDS $94,248,337 $ (7,292,314) $2,327,934 $89,283,957 The Agency is now classifying debt as "Pre AB 1290" and "Post AB 1290." AB 1290 was a sweeping Redevelopment reform bill enacted in 1993 that placed time limits on incurring debt within Redevelopment project areas. Under the terms of AB 1290, debt incurred prior to January 1, 1994 can continue to be repaid after the project area has expired. Staff is recommending that all debt repayments be applied first to debt incurred after January 1, 1994, then to debt incurred prior to that date. All of the debt at year-end is considered pre AB 1290 debt. Southeast Coastal Project Area: On September 2, 2003, the Council/Agency approved a Cooperation Agreement Regarding Capital Improvements in the project area. The debt in this project area is recorded on a prospective basis. The amount identified as debt is the entire Conceptual Five Year Capital Improvement Program for the project area totaling $6,775,000. The debt is activated as projects are begun. Each year, projects are added or subtracted to reflect actual increment revenues received. -3- REQUEST FOR. ACTION MEETING DATE: 11/15/2004 DEPARTMENT ID NUMBER:AS O4-039 Environmental Status: NIA Attachment(s): City Clerk's Page Number No. Description 1. Redevelopment Agency Resolution No. .35v;� Redevelopment Agency Resolution 0 RESOLUTION NO. 352 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AMENDING THE AGENCY DEBT PURSUANT TO THE OPERATIVE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT,AND THE COOPERATION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH REGARDING' CERTAIN CAPITAL IMPROVEMENTS WITHIN OR OF BENEFIT TO THE SOUTHEAST COASTAL REDEVELOPMENT PROJECT WHEREAS,the City Council of the City of Huntington Beach (the"City Council") adopted Ordinance Nos. 2576, 2577, 2578,2582, and 2743 approving and adopting the Redevelopment Plan for the Yorktown-Lake Redevelopment Project, the Redevelopment Plan for the Talbert-Beach Redevelopment Project, the Redevelopment Plan for the Main-Pier Redevelopment Project, the Redevelopment Plan for the Oak-view Redevelopment Project, and the Redevelopment Plan for the Huntington Center Commercial District Redevelopment Project, respectively; and The Redevelopment Agency of the City of Huntington Beach(the "Agency") and the City of Huntington Beach(the "City") entered into a Cooperative Agreement, dated June 20, 1983, by which the City agreed to provide to the Agency certain assistance and to otherwise cooperate with the Agency in carrying out redevelopment projects; and Pursuant to the Cooperative Agreement, the Agency and City Council entered into Operative Agreements for the Yorktown-Lake, Talbert-Beach, Main-Pier, Oakview and Huntington Center Redevelopment Projects (the "Constituent Projects"), by which the City provided the Agency with both administrative and/or technical services, constructed required public improvements and facilities as appropriate and necessary, and provided funds to carry out the Constituent Projects; and Said Operative Agreements also identified the terms under which the Agency would reimburse the City for the associated costs of such services, improvements, facilities and funds; and The City Council adopted Ordinance No. 3343 on December 16, 1996 amending and merging the Constituent Projects into the Redevelopment Plan for the Huntington Beach Redevelopment Project(the"HBRP"); and The City Council adopted Ordinance No. 3561 on June 17, 2002, approving and adopting the Redevelopment Plan for the Southeast Coastal Redevelopment Project("SCRP"); and The Agency and the City entered into a Cooperation Agreement, dated September 2,2003 (the "SCRP Cooperation Agreement"), regarding redevelopment projects and capital improvements to be carried out in the SCRP Area; and i 04reso/Agency Debt 2004 RLS 2004-303 Resolut' No. 352 It is now necessary and appropriate that the City Council and the Agency amend the Operative Agreements pursuant to the Cooperative Agreement and the SCRP Cooperation Agreement, to reflect the Agency's total debt as of September 30, 2004, NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That the Operative Agreements between the Redevelopment Agency and the City of Huntington Beach for the implementation of the HBRP, and the SCRP Cooperation Agreement, are still in effect as previously approved. SECTION 2. That,pursuant to such Operative Agreements and the SCRP Cooperation Agreement, the Agency debt to the City, which is to continue to be carried forward for the HBRP and the SCRP, is hereby amended as follows: HBRP Operative Agreements Debt 10/1/03 $ 94,248,338 Accrued Interest 10/1/03 to 9/30/04 S 2,327,934 SCRP Debt 9/3C04 S 6,775,000 Other Reductions of Debt < 7?92,:14 > Total Agency Debt at 9/30/04 S 96,05LM SECTION;. The Chairperson is hereby authorized and directed to amend the Agency . debt to the City as approved hereby. PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 15th day of November 2004. Ch ' ers , REVIEWED AND APPROVED: APPROVED AS TO FORM: E. ecutive Director i Ag nicy Attorney AVITIATED rR Direct f Administrative Services 2 04reso/Agency Debt 2004 RiS 2004-305 Res. No. 352 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss CITY OF HUNTINGTON BEACH ) I, JOAN FLYNN, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a regular meeting of said Redevelopment Agency held on the 15th day of November 2004 and that it was so adopted by the following vote: AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook,Winchell NOES: None ABSENT: None ABSTAIN: None Clerk&t the Redevelopment aency of the City of Huntington Beach, CA RCA ROUTING SH ET INITIATING DEPARTMENT: Administrative Services/Economic Development SUBJECT: Amendment of the Agency Debt Pursuant to the Operative Agreement Between the City and the Redevelopment Nency for the Redevelopment Project COUNCIL MEETING DATE: November 15, 2004 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Attached ❑ Not licable Resolution (wlexhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement El w/exhibits if applicable) Attached ( p } Not Applicable (Signed in full by the City Aftomey) Attached ❑ Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attome Attached ❑ Certificates of Insurance (Approved by the City Attorney) Not Applicable Attached ❑ Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Attached ❑ Bonds (If applicable) Not Applicable Staff Report if applicable) Attached Sta p � pp } Not Ap licable ort if licable Commission, Board or Committee Re a Attached p ( PP ) Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ pP Not Applicable ... . . .... ..... EXPLANATION FOR MISSING ATTACHMENTS ............... REVIEWED. RETURNED FORWARDED Administrative Staff Assistant City Administrator initial City Administrator Initial rCity Clerk EXPLANATION_FOR RETURN OF ITEM:' Only)(Below Space For City Clerk's Use RCA Author: Sedlak,x 5907