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OSB 14-012 RESOLUTION NO. OSB 14-012 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE POWAY REDEVELOPMENT AGENCY APPROVING A FEBRUARY 28, 1989 (B) DRAINAGE FUND LOAN BETWEEN THE CITY OF POWAY AND THE FORMER POWAY REDEVELOPMENT AGENCY AND MAKING FINDINGS RELATING THERETO WHEREAS, pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.), the City Council of the City of Poway ("City") activated the Poway Redevelopment Agency ("Redevelopment Agency") and adopted, and subsequently amended, the Redevelopment Plan for the Paguay Redevelopment Project Area ("Redevelopment Plan"); and WHEREAS, in furtherance of its redevelopment activities, the City and Redevelopment Agency completed a loan, dated February 28, 1989 (February 28, 1989 (B) Drainage Fund Loan; Exhibit A), whereby the City lent to the Redevelopment Agency an amount equal to $738,000 from the City's Drainage Fund for the purpose of completing Midland Road Storm Drain Improvements; and WHEREAS, Assembly Bill (AB) X1 26, enacted June 2011, and AB 1484, enacted June 2012 (collectively, the "Dissolution Act") required the dissolution of redevelopment agencies and established certain procedures and requirement for the wind-down of their activities; and WHEREAS, the Successor Agency to the Poway Redevelopment Agency ("Successor Agency") is the successor entity to the Redevelopment Agency and, pursuant to the Dissolution Act, is responsible for the wind-down affairs of the former Redevelopment Agency, including without limitation the performance and repayment of all enforceable obligations of the former Redevelopment Agency; and WHEREAS, the Oversight Board is the oversight board to the Successor Agency and, pursuant to the Dissolution Act, is responsible to oversee the actions of the Successor Agency in the wind-down affairs of the former Redevelopment Agency, including without limitation the performance and repayment of all enforceable obligations of the former Redevelopment Agency; and WHEREAS, Health and Safety Code Section 34171(d)(2) provides, with a few exceptions, that "enforceable obligation" does not include any agreements, contracts, or arrangements between the city, county, or city and county that created the redevelopment agency and the former redevelopment agency; and WHEREAS, the Dissolution Act further provides that after a successor agency receives a finding of completion from the Department of Finance ("DOF") pursuant to Health and Safety Code Section 34179.7, loan agreements entered into between the redevelopment agency and the city, county, or city and county that created the redevelopment agency shall be deemed to be enforceable obligations provided that the oversight board makes a finding that the loan was for legitimate redevelopment purposes; and Resolution No. OSB 14-012 Page 2 WHEREAS, the Successor Agency has received a finding of completion from the DOF on May 24, 2013; and WHEREAS, in addition to establishing when a loan agreement between the city and redevelopment agency shall be deemed to be an enforceable obligation, Health and Safety Code Section 34191.4 further establishes certain restrictions and limitations concerning loan repayments; and WHEREAS, the City and Successor Agency have submitted the February 28, 1989 (B) Drainage Fund Loan, together with other information relating thereto, to the Oversight Board and requested that the Oversight Board approve the February 28, 1989 (B) Drainage Fund Loan, and find that the loan of funds under the February 28, 1989 (B) Drainage Fund Loan was for legitimate redevelopment purposes; NOW, THEREFORE, BE IT RESOLVED by the Oversight Board to the Successor Agency of the Poway Redevelopment Agency as follows: Section 1. Recitals. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference. Section 2. Findings. The Oversight Board has reviewed the original purpose and use of the February 28, 1989 (B) Drainage Fund Loan and hereby finds and determines that the loan of funds by the City to the former Redevelopment Agency under the February 28, 1989 (B) Drainage Fund Loan was for legitimate redevelopment purposes. This finding is based upon the following: a) The amounts due and owing to the City under the February 28, 1989 (B) Drainage Fund Loan reflect the repayment to the City of amounts advanced to or on behalf of the former Redevelopment Agency in order to assist the Redevelopment Agency with completing Twin Peaks Road Right-of-Way and Midland Road Storm Drain Improvements to benefit the Paguay Redevelopment Project Area and the community. b) Financing public improvements in the Paguay Redevelopment Project Area was specifically identified in the Redevelopment Plan as activities to be undertaken by the Redevelopment Agency to further the goals of the Redevelopment Plan. c) Health and Safety Code Section 33133 authorizes a redevelopment agency to accept assistance from any public or private source for the redevelopment agency's activities. Furthermore, the Redevelopment Plan specifically authorizes the Redevelopment Agency to receive assistance from the City in forms that include advances and loans. d) The Redevelopment Agency was established for the purpose of eliminating blight; stimulating private investment; upgrading commercial and industrial areas; developing parks and recreation facilities; financing public improvements; alleviating infrastructure deficiencies; and providing affordable housing in the areas constituting the Paguay Redevelopment Project Area pursuant to the Resolution No. OSB 14-012 Page 3 adopted Redevelopment Plan. The Redevelopment Agency entered into the February 28, 1989 (B) Drainage Fund Loan with the City in order to borrow funds necessary for the Redevelopment Agency to pay costs associated with completing Midland Road Storm Drain Improvements in accordance with and in implementation of the Redevelopment Plan and the five-year Implementation Plan adopted by the Redevelopment Agency pursuant to Health and Safety Code Section 33490. e) The amounts provided to the Redevelopment Agency under the February 28, 1989 (B) Drainage Fund Loan were loaned to the Redevelopment Agency to further the Redevelopment Agency's redevelopment activities and goals in accordance with and in furtherance of the Redevelopment Plan and the Implementation Plan, to benefit the Paguay Redevelopment Project Area and the surrounding community. Section 3. Approval of February 28, 1989 (B) Drainage Fund Loan. The Oversight Board hereby approves the February 28, 1989 (B) Drainage Fund Loan from the City to the former Redevelopment Agency, including without limitation the recalculation of interest using the Local Agency Investment Fund rate as of the quarter ending December 31, 2013, in accordance with and as set forth in the February 28, 1989 (B) Drainage Fund Loan Repayment Schedule (Exhibit B). The total principal and interest owed ("Amounts Owed") for the February 28, 1989 (B) Drainage Fund Loan is $786,691.11. The Oversight Board further determines that the repayment of Amounts Owed under the February 28, 1989 (B) Drainage Fund Loan is an enforceable obligation and the Successor Agency is authorized to include the repayment of the February 28, 1989 (B) Drainage Fund Loan as an enforceable obligation under its future Recognized Obligation Payment Schedules (ROPS) submitted to the Oversight Board for approval. As Proposition 218, and other constitutional requirements that must be met, support the need for repayment of the full amounts loaned to the Redevelopment Agency from the City's Drainage Fund, the Oversight Board hereby approves, and authorizes the Successor Agency to take such actions, in cooperation with the City, to ensure that all monies due and owing under the February 28, 1989 (B) Drainage Fund Loan are repaid in full to the City's Drainage Fund. Section 4. Transmittal of February 28, 1989 (B) Drainage Fund Loan to Department of Finance. The Successor Agency is hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution, including without limitation, providing any documentation and evidence to the Department of Finance as necessary to obtain from the Department of Finance approval of the February 28, 1989 (B) Drainage Fund Loan as an enforceable obligation. Resolution No. OSB 14-012 Page 4 PASSED, ADOPTED AND APPROVED by the Oversight Board to the Successor Agency of the Poway Redevelopment Agency at a meeting thereof this 30th day of April 2014. Bruce Tar , C it ATTEST: Sheila R. Cobian, CMC, Secretary Resolution No. OSB 14-012 Page 5 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, Secretary of the Successor Agency of the Poway Redevelopment Agency, do hereby certify under penalty of perjury that the foregoing Resolution No. OSB 14-012 was duly adopted by the Oversight Board to the Successor Agency of the Poway Redevelopment Agency at a meeting of said Board held on the 30th day of April 2014, and that it was so adopted by the following vote: AYES: TARZY, FONG-SAKAI, LYON, SCOTT, LADERMAN, THOLANDI NOES: NONE ABSENT: TAM DISQUALIFIED: NONE Sheila R. Cobian, CMC, Secretary Attachments: Exhibit A — February 28, 1989 Drainage Fund Loan Repayment Agreement and Supporting Budget Documentation Exhibit B — February 28, 1989 Drainage Fund Loan Repayment Schedule I pet . . REPAYMENT AGREEMENT .This Repayment Agreement entered in to as of the 28th day of February • • 19 89 , by and between the Poway Redevelopment Agency, a public body, corporate and politic (the "Agency") and the City of Poway, .a municipal corporation (the "City"). . . RECITALS "' • • A. The Agency is responsible for carrying out redevelopment activities in the Poway Redevelopment Project Area (the "Project Area") which is the subject of a redevelopment plan approved by the City Council of the City by ordinance adopted on December 13, 1983. • ' B. The City Council of the City desires to advance a loan to the Agency in the principal amount of up to $ 738,000.00 to assist the Agency in paying the • cost of the design and canstruction •of public improvement projects, and the Agency desires to accept said loan on the terms and conditions set forth herein • (the "Public Improvement Projects Loan"). • C. The purpose of this loan is to finance Midland Road Storm Drain project. • NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and conditions set forth herein, the parties hereto agree as follows: Section 1. The City hereby advances to the Agency a Public Improvement Projects Loan in the principal amount of .up to $ 738,000.00 with interest thereon calculated at the rate of return on City investments calculated at January 1 of each year, and the Agency hereby accepts the Public Improvement Projects Loan on the terms and provisions set forth herein. The Agency shall be • ' authorized to draw against the Public Improvement Projects Loan up to the - . authorized principal amount thereof from time to time in accordance with generally accepted accounting principles. The Agency's obligation to repay the • Public Improvement Projects Loan and the interest thereon shall be evidenced by a promissory note in the form attached hereto as Exhibit "A" and incorporated herein by reference (the "Public Improvement Projects Promissory Note")•. Section 2. The Agency's obligation to make payments to the city pursuant to . the promissory note referred to herein and in the recitals hereinabove shall be repayed solely from amounts deposited in the special fund created with respect ' to the Project Area into which tax increment revenues received by the Agency pursuant to section 33670(b) are deposited, if and only to the extent ,that such • - ' tax increment revenues are received. Section 3. The parties hereto acknowledge and agree that the Agency's obli- • gation to repay amounts evidenced by the Promissory Note referred to herein shall be automatically subordinated to any other obligation of the Agency secured by tax increment revenues derived from the Area for which' such tax increment revenues are otherwise pledged in connection with the issuance of • bonds, notes, or certificates of participation as part.of the implementation of the Redevelopment Plan for the Project •Area. • • • , Exhibit A . • .J -2- • Section 4. The Agency shall have the right at any time, from time •to time, upon at least ten (10) days written notice to the City,, to prepay, without pre- ' , ' ' • mium or penalty the outstanding balance of the Promissory Note referred to . - herein, or any portion thereof, with the interest payable through the date of ' • such prepayment. _ • Section '5. This Agreement shall terminate when all • obligations of the Agency evidenced by the Promissory Note referred to herein shall have been . discharged in full. . Section 6. • In case any orie. or more. of the provisions contained in this • • . • Agreement should be held invalid; illegal , or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained • - herein shall not in any way be affected or impaired thereby. Section 7. No member, officer, agent, or employee of the• Agency shall' be . individually or personally liable for the payment of the principal of or - interest on the Promissory Note. . Section 8. The parties hereto acknowledge and agree that the obligations of - -the Agency evidenced by the Promissory Note referred to herein constitutes an . - "indebtedness" within the meaning of Health and Safety Code Section 33670(b). . IN WITNESS WHEREOF, the parties hereto have - executed this Repayment . • Agreement as of the date first- above written. . CITY r PO AY • ( a ' Z---•-------- . By • Carl R. Kruse, Mayor ' • ATTEST: . `.� Y o - V X11 1,- - , . Marjorie K. Wahlsten, City Clerk . . . • POWA' •ED7 ELOPMENT AGENCY ' , . . C....._.-...-;----1-Z_______:..... ......-7. .. . , • By Carl R. Kruse, Chairman • ATTEST: ' - • Marjorie J K. Wahl sten,. Secretary • • _ 6/G/Repayl-3/CP33 ' ' Exhibit A 4 PUBLIC IMPROVEMENT. PROMISSORY NOTE ', . ' ' Poway, California • Dates as of: March.1 • , 1689 . . • The . Poway Redevelopment Agency, •a public body corporate ' and ' .politic _ , ("Agency") , for value received, hereby promises to pay the City of Poway, a•-. • municipal corporation ("City") the principal sum of $ 738,000.00" ,—in lawful . money of the United States of America, together with interest thereon. the unpaid balance thereof from the date hereof at the irate of return'on the City of. • •• •Poway's investments as. calculated. This rate is not to exceed 12% or the maxi- _ • mum interest rate that may be lawfully •paid by a .Redevelopment Agency. . . . Repayment of principal and interest shall be made :as m.onies.are available from• " -' , • tax increment or other:sources. • • POWAY RE'EVELOPMENT AGENCY ". --Z_- By . • t C ' • •, • " Carl R. Kruse, Chairman ' ATTEST: . - . 511)0.4)*(k4:4- /�. 5-V.:, • • .. Marjorie K. Wahisten, Secretary • . • .0 ; ', • •• i . • t . t• . • . . • • . EXHIBIT ."A" • r • • Exhibit A • - . .. • 19 CITY OF POWAY DRAINAGE FUND 1987-1988 1988-1989 1988-1989 1989-1990 1989-1990 ACTUAL BUDGET ESTIMATED PROPOSED APPROVED IIFUND ACTIVITY DETAIL BEGINNING BALANSE-July 1 $2,447,637 $2,430,688 $ 2,426,119 $1,922,373 $1,922,373 Prior Years Appropriation - - - - - Revenues. 612,798 512,600 548,097 525,250 525,250 1 TOTAL FUNDS AVAILABLE $3,060,435 $2,943,288 $2,974,216 $2,447,623 $2,447,623 EXPENDITURES IIOperating Expenses: Admin. Services $ - $ 8,098 $ 10,643 $ 8,477 $ 8,504 Public Services 189,264 234,480 227,400 342,620 342,620 Total Operating' Expenses $ 189,264 $ 242,578 $ 238,043 $ 351,097 $ . 351,124 11 Capital Projects: Flood Control & Drainage$ 225,052 $ - $ - $ . 201,000 $ 201,000 �; . Government Buildings - - - 93 000 93,000 IF Total Capital Projects $ 225,052 $ - $ - $ 294,000 $ 294,000 TOTAL EXPENDITURES $ 414,316 $ 242,578 $ 238,043 $ 645,097 $ 645,124 TRANSFERS/LOANS-In (Out) 1` Transfer to General Fund $ - $ - $ - $ - $ - Loan to Redevelopment. Agency (220,000) - ;(813,800) - - TOTAL TRANSFERS/LOANS $ (220,000) $ - $ (813,800) $ $ - TOTAL APPROPRIATIONS _! : ENDING BALANCE-June 30 $2,426,119 $2,700,710 $ 1.,922,373 $1,802,526. $1,802,499 • • Exhibit A 222 REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT PROGRAM DETAIL Department: Activity: REDEVELOPMENT AGENCY STREETS AND HIGHWAYS ACTIVITY COMMENTARY 5207 TWIN PEAKS ROAD - MIDLAND TO ESPOLA This project provides for the widening to the ultimate right-of-way of Twin Peaks Road between Midland Road and Espola Road. Design was completed in FY 1987-88 with construction to follow. This project, was completed in FY 1988-89. Cost Estimate - $764,003 Funding Source - FY 90-91 Loan from Water Fund $43,091 FY 87-88 - $500.000 . 1FY 88-89 - 75,8001 FY 89-90 - 145,112 FY 90-91 - 43,091 • 5216 MARK STEVENS ROAD MODIFICATIONS • This project provides for the construction of a road connecting Mark Stevens Road and Ipava Drive, eliminating the current access to Poway Road. Cost Estimate - $73,100 FY 86-87 - $35,000 FY 87-88 - $38,100 5226 COMMUNITY ROAD WALL AND LANDSCAPING This project consists of replacing the existing wall along Community Road. It also includes the installation of LPS street lights in place of the existing HPS and bus stop benches. This project was completed in FY 1988-89. . 5 Cost Estimate - $277,400 FY 86-87 - $ 12,000 FY 87-88 - $265,400 4 1 • Exhibit A • 250 • REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT .PROGRAM DETAIL Department: Activity: REDEVELOPMENT AGENCY FLOOD CONTROL AND DRAINAGE ACTIVITY COMMENTARY 5408 OAK KNOLL STORM DRAIN This project provides for storm drain and related construction on Oak Knoll Road. Cost Estimate - $111,164 FY 88-89 - $111,164 • 5409 MIDLAND ROAD STORM DRAIN EXTENSION Construct the Midland Road-master storm drain facility _extension from south.of • •Agsten Lane to Janette Lane and Midland Road. Project. will be. partially funded by drainage fees from four development projects in the drainage basin. Cost Estimate - $738,000 FY 88-89 - $738,000 5410 RATTLESNAKE CREEK DETENTION BASIN This project .will provide for the design of a.detention basin for the upper Rattlesnake Creek area. • • Cost Estimate - $206,000 FY 89-90 - $206,000 1 Exhibit A • FEBRUARY 28, 1989 DRAINAGE FUND LOAN 18-YEAR $738,000 Principal Balance TAA:-jj ,_____a,,,"°15=!:rjr;;e'attli"'"!";::i7'_d='''''—"rAr:.;=r,I:t.rVWlijt'Hrttlr;kLM417R6':"B"7';'- Pymt# Balances Principal Interest Total Balance @ 6/30/15 738,000.00 48,691.11 786,691.11 1 I Payment @ 6/30/15 (4,014.75) 48,691.11 44,676.36 Balance @ 7/1/15 742,014.75 - 742,014.75 FY 15-16 Interest - 1,929.24 1,929.24 Balance @ 6/30/16 742,014.75 1,929.24 743,943.99 2 I Payment @ 6/30/16 42,747.12 1,929.24 44,676.36 Balance @ 7/1/16 699,267.63 - 699,267.63 FY 16-17 Interest - 1,818.10 1,818.10 Balance @ 6/30/17 699,267.63 1,818.10 701,085.73. 3 I Payment @ 6/30/17 42,858.26 1,818.10 44,676.36 Balance @ 7/1/17 656,409.37 - 656,409.37 FY 17-18 Interest - 1,706.66 1,706.66 Balance @ 6/30/18 656,409:37 1,706.66 658,116.03 4 I Payment @ 6/30/18 42,969.70 1,706.66 44,676.36 Balance @ 7/1/18 613,439.67 - 613,439.67 FY 18-19 Interest - 1,594.94 1,594.94 Balance @ 6/30/19 613,439.67 1,594.94 615,034.61 5 I Payment @ 6/30/19 43,081.42 1,594.94 44,676.36 Balance @ 7/1/19 570,358.25 - 570,358.25 FY 19-20 Interest - 1,482.93 1,482.93 Balance @ 6/30/20 570,358.25 1,482.93 571,841.18 6 I Payment @ 6/30/20 43,193.43 1,482.93 44,676.36 Exhibit B FEBRUARY 28, 1989 DRAINAGE FUND LOAN 18-YEAR $738,000 Principal Balance Continued Pymt# Balances Principal Interest Total Balance @ 7/1/20 527,164.82 - 527,164.82 FY 20-21 Interest - 1,370.63 1,370.63 Balance @ 6/30/21 527,164.82 1,370.63 528,535.45 7 I Payment @ 6/30/21 43,305.73 1,370.63 44,676.36 Balance @ 7/1/21 483,859.09 - 483,859.09 FY 21-22 Interest - 1,258.03 1,258.03 Balance @ 6/30/22 483,859.09 1,258.03 485,117.12 8 I Payment @ 6/30/22 43,418.33 1,258.03 44,676.36 Balance @ 7/1/22 440,440.76 - 440,440.76 FY 22-23 Interest - 1,145.15 1,145.15 Balance @ 6/30/23 440,440.76 1,145.15 441,585.91 9 1 Payment @ 6/30/23 43,531.21 1,145.15 44,676.36 Balance @ 7/1/23 396,909.55 - 396,909.55 FY 23-24 Interest - 1,031.96 1,031.96 Balance @ 6/30/24 396,909.55 1,031.96 397,941.51 10 I Payment @ 6/30/24 43,644.40 1,031.96 44,676.36 Balance @ 7/1/24 353,265.15 - 353,265.15 FY 24-25 Interest - 918.49 918.49 Balance @ 6/30/25 353,265.15 918.49 354,183.64 11 I Payment @ 6/30/25 43,757.87 918.49 44,676.36 Balance @ 7/1/25 309,507.28 - 309,507.28 FY 25-26 Interest - 804.72 804.72 Balance @ 6/30/26 309,507.28 804.72 310,312.00 12 I Payment @ 6/30/26 43,871.64 804.72 44,676.36 Exhibit B FEBRUARY 28, 1989 DRAINAGE FUND LOAN 18-YEAR $738,000 Principal Balance Continued Pymt# Balances Principal Interest Total Balance @ 7/1/26 265,635.64 - 265,635.64 FY'26-27 Interest - 690.65 690.65 Balance @ 6/30/27 265,635.64 690.65 266,326.29 13 I Payment @ 6/30/27 43,985.71 690.65 44,676.36 Balance @ 7/1/27 221,649.93 - 221,649.93 FY 27-28 Interest - 576.29 576.29 Balance @ 6/30/28 221,649.93 576.29 222,226.22 14 I Payment @ 6/30/28 44,100.07 576.29 44,676.36 • Balance @ 7/1/28 177,549.86 - 177,549.86 FY 28-29 Interest - 461.63 461.63 Balance @ 6/30/29 177,549.86 461.63 178,011.49 15 I Payment @ 6/30/29 44,214.73 461.63 44,676.36 Balance @ 7/1/29 133,335.13 - 133,335.13 FY 29-30 Interest - 346.67 346.67 Balance @ 6/30/30 133,335.13 346.67 133,681.80 16 I Payment @ 6/30/30 44,329.69 346.67 44,676.36 Balance @ 7/1/30 89,005.44 - 89,005.44 FY 30-31 Interest - 231.41 231.41 Balance @ 6/30/31 89,005.44 231.41 89,236.85 17 I Payment @ 6/30/31 44,444.95 231.41 44,676.36 Balance @ 7/1/31 44,560.49 - 44,560.49 FY 31-32 Interest 115.86 115.86 Balance @ 6/30/32 44,560.49 115.86 44,676.35 18 1 Payment @ 6/30/32 44,560.49 115.86 44,676.35 Balance @ 7/1/32 - - - • Exhibit B