TITLE
Recommendation to approve an amended repayment schedule for certain agreements between the City of Long Beach and the former Redevelopment Agency of the City of Long Beach. (Citywide)
DISCUSSION
Cities with redevelopment agencies commonly loaned funds to those agencies to carry out the purposes of their adopted redevelopment plans, especially during the early years of a redevelopment project when the amount of tax increment generated annually was not sufficient to initiate redevelopment activities. Furthermore, redevelopment agencies needed to have established debt as a requirement to receive tax increment. Cities made loans to their redevelopment agencies to initiate redevelopment activities, expecting the loans to be repaid with interest.
AB1x26, the “Dissolution Act,” voided loan agreements between cities and redevelopment agencies. AB 1484, legislation adopted to clean up earlier provisions of the Dissolution Act, provided that City/Agency loans could be deemed enforceable obligations under certain circumstances:
• A successor agency had received a finding of completion.
• A successor agency had repaid the former redevelopment agency’s debt to the Low- and Moderate-Income Housing Set-Aside Fund.
• A successor agency’s oversight board made a finding that the City and Agency loan agreements were for legitimate redevelopment purposes.
On April 26, 2013, the Successor Agency to the Redevelopment Agency of the City of Long Beach (Successor Agency) received its Finding of Completion. On March 11, 2016, the California Department of Finance (DOF) found that four loans totaling $34,635,279 were enforceable obligations. In July 2016, the Successor Agency repaid the remaining debt of the former Redevelopment Agency of the City of Long Beach (Agency) to the Low- and Moderate-Income Housing Set-Aside Fund (Housing Fund).
The repayment of the Agency’s debt to the Housing Fund, and the repayment of loans from the City are subject to the annual formula described in Section 34191.4(b)(3)(A) of the Health and Safety Code.
The formula for the repayment amount in Fiscal Year 2017 (FY 17) is as follows:
(ROPS 16-17 residual proceeds - ROPS 12-13A&B residual proceeds) x 50%
or
($50,567,716 - $45,018,614) x 50% = $2,774,551
The proposed repayment schedule is as follows:
|
City's Fiscal Year/ ROPS Period |
Payments Completed |
Payment Request Based on Actual Residuals |
Payment Based on Estimated Residuals* |
Balance |
|
Beginning Balance |
|
|
|
$34,635,279 |
|
2015-16/ ROPS 16-17 |
$4,493,415 |
|
|
$30,141,864 |
|
2016-17/ ROPS 17-18 |
|
$2,774,551 |
|
$27,367,313 |
|
2017-18/ ROPS 18-19 |
|
|
$16,684,693 |
$10,682,620 |
|
2018-19/ ROPS 19-20 |
|
|
$10,682,620 |
$0 |
*Actual repayment amounts will be less than or equal to the maximum amount allowed pursuant to Health and Safety Code Section 34176(e)(6)(B).
Pursuant to Section 34191.4(3)(c) of the Health and Safety Code, 20 percent of the annual repayment to the City is distributed to the Housing Successor Agency to increase, improve and preserve the supply of low- and moderate-income housing.
Payments after the Recognized Obligation Payment Schedule (ROPS) 17-18 period are estimates. The repayment amounts will be updated annually when the actual fiscal year residual amount is available. Actual repayment amounts will not exceed the maximum amount allowed pursuant to Health and Safety Code Section 34176(e)(6)(B).
This matter was reviewed by Deputy City Attorney Richard F. Anthony on December 29, 2016 and by Budget Management Officer Rhutu Amin Gharib on January 6, 2017.
TIMING CONSIDERATIONS
Successor Agency approval is requested on January 24, 2017, to allow for submittal to the Oversight Board on January 25, 2017, and to the DOF for final approval.
FISCAL IMPACT
Repayments to the City will come from property taxes in the Redevelopment Property Tax Trust Fund administered by the County Auditor-Controller, which will satisfy amounts owed to the General Fund.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
AMY J. BODEK, AICP
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED:
PATRICK H. WEST
CITY MANAGER