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HomeMy WebLinkAboutADOPT RESOLUTION 369 OF THE REDEVELOPMENT AGENCY OF THE CITY 'L. I )L-L-L=,� SA). C Council/Agency Meeting Held: — Deferred/Continued to: Approve ❑ Conditionally Approved ❑ Denied �/ - City rk's S nature Council Meeting Date: 9/4/2007 Department ID Number: FN 07-005 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR PREPARED BY: DAN T. VILLELLA, CPA, FINANCE DIRECTOR �// STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT/-f3L DEPUTY EXECUTIVE DIRECTOR SUBJECT: 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 FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT (MERGED PROJECT AREA) AND SOUTHEAST,COASTAL PROJECT AREA 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: Not Applicable Recommended Action: Motion to: Adopt Resolution No. 369 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. RCA ROUTING SHEET INITIATING DEPARTMENT: FINANCE SUBJECT: 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 for the Huntington Beach Redevelopment Project (Merged Project Area) and Southeast Coastal Project Area COUNCIL MEETING DATE: September 4, 2007 ,F RCA'ATTAC°H`M.EWS STATUS,: Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable ❑ Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EX LAN'"ATI(? 'FOR MISSING 4TTAt:HM ENT,, 4 REVIEWED' ;. TURNED, .FOR RE ,. ED Administrative Staff Deputy City Administrator(initial) City Administrator(initial) City Clerk ( ) EXPLANATION FOR RETURN£OF=ITEM: Only)(Below Space For City Clerk's Use RCA Author: Robert Sedlak and Josh Brooks REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 9/4/2007 DEPARTMENT ID NUMBER: FN 07-005 The debt at September 30, 2007 will be as follows: Merged Project Area $84,841,925 Southeast Coastal Project Area 7,334,100 Total Debt $92,176,025 Alternative Action(s): 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. 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 4.26% on all outstanding advances for October 1st to September 30th, which is approximately the average yield earned by the City Treasurer on investments for the year through June 30, 2007. The total interest accruals were $3,625,395. The City Council/Agency originally approved $3,360,000 of debt repayment for the 2006/2007 fiscal year. The schedule on the following page 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 Agreements and Owner Participation Agreements with private parties. -2- 8/16/2007 9:08 AM REQUEST FOR COUNCILIREDEVELOPMENT AGENCY ACTION MEETING DATE: 9/4/2007 DEPARTMENT ID NUMBER: FN 07-005 Merged Project Area Pre AB 1290 Agency Debt As of September 30, 2007 DEBT@ BUDGETED ACCRUED DEBT @ General Fund 10/1/2006 REPAYMENTS INTEREST 9/30/2007 Direct Advances $ 3,565,032 $ 3,565,032 Interest On Direct Advances - (151,870) 151,870 - Total Direct Advances 3,565,032 (151,870) 151,870 3,565,032 Indirect Advances 6,567,353 6,567,353 Interest On indirect Advances - (279,769) 279,769 - Total Indirect Advances 6,567,353 (279,769) 279,769 6,567,353 Land Sales 32,833,417 32,833,417 Interest On Land Sales 31,726,363 (2,928,361) 2,750,247 31,548,249 Total Land Sales 64,559,780 (2,928,361) 2,750,247 64,381,666 Total General Fund 74,692,165 (3,360,000) 3,181,886 74,514,051 Sewer Fund Direct Advances 130,560 - 130,560 Interest On Direct Advances 98,402 9,754 108,156 Total Direct Advances 228,962 - 9,754 238,716 Deferred Development Fees 37,888 - 37,888 Interest On Deferred Development Fees 104,707 6,075 110,782 Total Deferred Development Fees 142,595 - 6,075 148,670 Total Sewer Fund 371,557 - 15,829 387,386 Drainage Fund Direct Advances 250,000 - - 250,000 Interest On Direct Advances 301,798 - 23,507 325,305 Total Direct Advances 551,798 - 23,507 575,305 Deferred Development Fees 53,650 - 53,650 Interest On Deferred Development Fees 98,141 6,466 104,607 Total Deferred Development Fees 151,791 - 6,466 158,257 Total Drainage Fund 703,589 - 29,973 733,562 Park A & D Fund Deferred Land Sale 1,740,834 - - 1,740,834 Interest On Deferred Land Sale 2,804,601 - 193,636 2,998,237 Total Land Sales 4,545,435 - 193,636 4,739,071 Deferred Development Fees 247,664 - 247,664 Interest On Deferred Development Fees 89,489 14,363 103,852 Total Park A& D Deferred Dev Fees 337,153 - 14,363 351,516 Total Park A& D 4,882,588 - 207,999 5,090,587 Capital Improvement Fund Direct Advances 200,000 - - 200,000 Interest On Direct Advances 328,096 - 22,497 350,593 Total Capital Improvement Fund 528,096 - 22,497 550,593 Water Fund Direct Advances 1,138,000 - - 1,138,000 Interest On Direct Advances 2,282,052 - 145,694 2,427,746 Total Water Fund 3,420,052 - 145,694 3,565,746 Total Pre AB 1290 Debt-All Funds $ 84,598,047 $ (3,360,000) $ 3,603,878 $ 84,841,925 -3- 8/16/2007 9:08 AM REQUEST FOR COUNCIUREDEVELOPMENT AGENCY ACTION MEETING DATE: 9/4/2007 DEPARTMENT ID NUMBER: FN 07-005 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 initial debt is the entire Conceptual Five Year Capital Improvement Program for the project area that totaled $6,775,000. The debt is activated as projects are begun. A total of $270,000 from the General Fund has been used to fund the Conservancy Grant in fiscal year 2004/2005. Additionally, the project advanced operating expenses from the General Fund and the Merged Project Area Redevelopment Fund in fiscal year 2003/2004. These advances were not included in the prior year operative agreement. Interest will be charged on the advances from the General Fund but not on the advances from the Merged Project Area Redevelopment Fund. Because the debts were incurred after January 1, 1994, the entire amount is classified as post AB 1290. The schedule on the following page shows the breakdown of the operative agreement debt by fund and the changes for the Southeast Coastal Project Area. Southeast Coastal Project Area Post AB 1290 Agency Debt As of September 30, 2007 BEGINNING BALANCE @ BUDGETED ACCRUED DEBT @ General Fund 10/01/2006 REPAYMENTS INTEREST 9/30/2007 Direct Advances $ 199,946 $ - $ 199,946 Interest On Advances 18,514 - $ 9,306 27,820 Total Direct Advances 218,460 - 9,306 227,766 Capital Improvement Projects $ 270,000 $ - 270,000 Interest 16,634 - 12,211 28,845 Total Capital Improvement Projects 286,634 - 12,211 298,845 Total General Fund 505,094 - 21,517 526,611 Merged Project Area RDA Fund Direct Advances 302,489 - 302,489 Interest On Advances - - N/A - Total Merged Project Area RDA Fund 302,489 - - 302,489 Total Post AB 1290 Debt-All Funds $ 807,583 $ - $ 21,517 $ 829,100 -4- 8/16/2007 9:08 AM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 9/4/2007 DEPARTMENT ID NUMBER: FN 07-005 Southeast Coastal Project Area Future Capital Projects Balance - General Fund As of September 30, 2007 BEGINNING AVAILABLE BALANCE @ BUDGETED ACCRUED BALANCE @ 10/01/2006 REPAYMENTS INTEREST 9/30/2007 Capital Improvement Projects $ 6,505,000 $ - $ - $ 6,505,000 Strategic Plan Goal: Not Applicable Environmental Status: Not Applicable Attachment(s): City Clerk's Page Number No. Description 1. A Resolution No. 369 of the Redevelopment Agency of the F' z' 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 Area and the Southeast Coastal Project Area. -5- 8/16/2007 9:08 AM ATTACHMENT # 1 RESOLUTION NO. 369 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 Oakview 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 ("Agency") and the City of Huntington Beach ("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 07-1131/12725 1 Agency Resolution No. 369 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, 2007. 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 SCRP Total Operative Agreement Debt 1011105 $84,598,047 $7,312,583 $91,910,630 Accrued Interest 10/1/06 to 9/30/07 3,603,878 21,517 3,625,395 Other Reductions of Debt 3,360,000 -- 3,360,000 Total Agency Debt as of 9/30/07 $84,841,925 $7,334,100 $92,176,025 SECTION 3. 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 4th day of September 2007. CITairperson REVIEWO ANDAPPROVED: APPROVED AS TO FORM: f L� Executive Director Age cy Attorney INITIAT AND APPROVED: �j irector of Finance 07-1131/12725 2 Res. No. 369 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) 1, 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 4th day of September, 2007 and that it was so adopted by the following vote: AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy NOES: None ABSENT: None ABSTAIN: None Cler f the Redevelopment Ggency of the City of Huntington Beach, CA