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OSB 14-014 RESOLUTION NO. OSB 14-014 A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR AGENCY OF THE POWAY REDEVELOPMENT AGENCY APPROVING A JANUARY 15, 1992 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 January 15, 1992 (January 15, 1992 Drainage Fund Loan; Exhibit A), whereby the City lent to the Redevelopment Agency an amount equal to $90,000 from the City's Drainage Fund for the purpose of completing Temple Street 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 14-014 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 January 15, 1992 Drainage Fund Loan, together with other information relating thereto, to the Oversight Board and requested that the Oversight Board approve the January 15, 1992 Drainage Fund Loan, and find that the loan of funds under the January 15, 1992 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 January 15, 1992 Drainage Fund Loan and hereby finds and determines that the loan of funds by the City to the former Redevelopment Agency under the January 15, 1992 Drainage Fund Loan were for legitimate redevelopment purposes. This finding is based upon the following: a) The amounts due and owing to the City under the January 15, 1992 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 Temple Street 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 14-014 Page 3 adopted Redevelopment Plan. The Redevelopment Agency entered into the January 15, 1992 Drainage Fund Loan with the City in order to borrow funds necessary for the Redevelopment Agency to pay costs associated with completing Temple Street 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 January 15, 1992 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 January 15, 1992 Drainage Fund Loan. The Oversight Board hereby approves the January 15, 1992 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 January 15, 1992 Drainage Fund Loan Repayment Schedule (Exhibit B). The total principal and interest owed ("Amounts Owed") for the January 15, 1992 Drainage Fund Loan is $95,489.06. The Oversight Board further determines that the repayment of Amounts Owed under the January 15, 1992 Drainage Fund Loan is an enforceable obligation and the Successor Agency is authorized to include the repayment of the January 15, 1992 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 January 15, 1992 Drainage Fund Loan are repaid in full to the City's Drainage Fund. Section 4. Transmittal of January 15, 1992 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 January 15, 1992 Drainage Fund Loan as an enforceable obligation. Resolution No. OSB 14-014 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 Tarzy, Ch it u ATTEST: Sheila'R. Cobian, CMC, Secretary Resolution No. OSB 14-014 Page 5 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Sheila R. Cobian, Secretary of the Successor Agency to the Poway Redevelopment Agency, do hereby certify under penalty of perjury that the foregoing Resolution No. OSB 14-014 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 AAA, C036-lirki.,- Sheila R. Cobian, CMC, Secretary Attachments: Exhibit A — January 15, 1992 Drainage Fund Loan Repayment Agreement and Supporting Budget Documentation Exhibit B — January 15, 1992 Drainage Fund Loan Repayment Schedule • L • • p. REPAYMENT AGREE1IENT This Repayment,Agreement entered: in tb as of the 15th„day 'of January , 19.92 .. 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 Areal') which is the subject .of a redevelopment plan approved by the City Council of the City by ordinance adopted on December '13, .1983. • R. The :City 4unci'1 of the City desires •to advance a loan to the Agency in the principal amount cif up, to $90.000.00 to assist the Agency in .paying the cost of the design and-construction of public 'improvement projects, and. the Agency desires .to: accept 'said loan on the terms 'and conditi-ons set forth herein (the "Public Improvement ,Prb ects Loan"). C. The purpose of this loan is to finance construction of Temple Street storm drain :from ,Brighton • project.. to Rattlesnake Creels NOW, THEREFORE, in consideration of the foregoing and the mutual covenants. 'and conditions set forth. h'erei'n, the parties hereto' agree as follows: .Section 1. The Cfty hereby advances; to the Agency. a Public Improvement Projects Loan in the principal amount of up to $. 9:0,: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 :ImproVemen.t Projects Loan oh the:terms and provisions. set 'forth: herein. The Agency shall be authorized' to draw 'against the PUblic Imprbvertient Projects Loan up to the authorized princi'pal' amount thereof from time to time in aecbrdance with generally accepted accounting principles. The Ageiiricy',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 'herei:n and in the recitals hereinabove •shall be repeyed 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. • Sect.ion• 3: The .parties hereto acknowledge and agree that the Agency's obli- gation to repay amounts evidenced by the Promissory Note referred to herein shell 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 fo.r the Project Area. • Exhibit A :r p _Z_ ,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, wi'thout. 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 4obligations of the Agency' evidenced b9 the Promissory Note 'referred to herein • shall have been discharged in full. . Section 6. In case any one 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. CIT OF POWAY L"- _. Jan oldsmi' 'h,..Mayor `ATTEST:I �J • t •l K. 2. V a� Marjori Wahlsten, City Clerk POWA REDEVELOPA NT AGENCY . .r .ate. • Jan o,ldn Cha •n ATTEST: 11_ 2Qt/kKk • - Marior . Wahlsten, Secretary 6/G/.Repayl-3/.CP33 Exhibit A Alk- PUBLIC IKPROVENENT PROJECTS PoISSORY'NOTE • • .Poway., Cal i.fornia. • Dated as of:: January as , .1.g p? The: Poway Redevelopment Agency, a public body corporate and politic (."Agencyu), 'for value.. ;redei:ved; hereby promises! to pay the City of Poway, a, municipal corporation ("City"l the principal sum of V 90,0'00.00 , in lawful money of the United •States of ,America, together with interest thereon on the unpaid balance thereof from:;theL:date hereof at the; rate of return on the City of .Poway''s investments as calculated. This rate i:s' not to.exceed 12% or the maxi- mum interest rate that. May b'e lawfully .paid by a. Redevelopment .Age''ncy. Repayment of principal and- interest shall be made as moni=et are available from . tax increment or other sources. POWAY REDEVEO'MENT AGENCY • •• ( Jan o 'dsmi th',. Chairman ATTEST: • • k Mar,ori Wahlsten, Secretary • EXHIBIT ."A" Exhibit A 21 li CITY OF POWAY DRAINAGE FUND (FUNDS 12 AND 24) 1 1989-1990 1990-1991 1990-1991 1991-1992 1991-1992 ACTUAL BUDGET ACTUAL PROPOSED APPROVED FUND ACTIVITY DETAIL • ilBEGINNING BALAikE-July 1 • . $ 816,643 $1,081,911 $ 809,905 $ 575,895 $ 575,895 Prior Years Appropriation - - - - Revenues 700,648 548,320 435,868 443,590. 443,590 TOTAL FUNDS AVAILABLE $1,517,291 $1,630,231 $1,245,773 $1,019,485 $1,019,485 1 EXPENDITURES . 'Operating Expenses: Admin. Services $ 62,079 $ 13,139 $ 11,317 $ 14,691 $ 14,691 ilPublic Services 236,607 288,950 313,994 306,180 306.,180 Total Operating Expenses $ 298,686 $ 302,089 $ 325,311 $ 320,871 $ 320,871 Capital Projects: Flood Control & Drainage $ 408,700 $ - $ 17,567 $ 170,000 $ 170,000 Government Buildings Total Capital Projects $ 408,700 .$ $ 17,567 $ 170,000 $ 170,000 TOTAL EXPENDITURES $ 707,386 $ 302,089 $ 342,878 $ 490,871 $ 490,871 TRANSFERS/LOANS-In (Out) • 1. Loan to Redevelopment Agency $ - $ - $ (327,000) $ $ (90,000) . TOTAL TRANSFERS/LOANS $ - $ - $ (327,000) $ • - $ (90,000) . TOTAL APPROPRIATIONS $ - $ - $ - $ - $ - •• ENDING BALANCE-June 30 $ 809,905 $1,328,142 $ 575,895 $ 528,614 $ 438,614 k,::.::.- S., :;: Exhibit A • • 260 • REDEVELOPMENT AGENCY ` 4 CAPITAL IMPROVEMENT PROGRAM DETAIL Department: - Activity: REDEVELOPMENT AGENCY _ FLOOD CONTROL AND DRAINAGE ACTIVITY CONNENTARY 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 j° drainage fees from four development projects in the drainage basin. Cost Estimate - $1,061,082 Funding Source - FY 91-92 RDA Bond Proceeds (#39) $(3,918) 6 FY 88-89 - $738,000 • FY 90-91 - 327,000 FY 91-92 - (3,918) r • 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 5411 TEMPLE STREET STORM DRAIN• This project provides for the construction of the Temple Street storm drain from Brighton Avenue to Rattlesnake Creek. Cost Estimate - $90,000 Funding Source - FY 91-92 • { • Loan •from Drainage Fund (#24) $90,000 • FY 91-92 - $90,000 1 13 • is Exhibit A • JANUARY 15, 1992 DRAINAGE FUND (AB 1600) LOAN 18-YEAR $90,000 Principal Balance Annual payment on 6/30 of each fiscal year(18 year repayment) 5,422 84 LAIF Interest rate 0.26% Pymt# Balances Principal Interest Total Balance @ 6/30/15 90,000.00 5,489.06 95,489.06 1 I Payment @ 6/30/15 (66.22) 5,489.06 5,422.84 Balance @ 7/1/15 90,066.22 - 90,066.22 FY 15-16 Interest - 234.17 234.17 Balance @ 6/30/16 90,066.22 234.17 90,300.39 2 I Payment @ 6/30/16 5,188.67 234.17 5,422.84 Balance @ 7/1/16 84,877.55 - 84,877.55 FY 16-17 Interest - 220.68 220.68 Balance @ 6/30/17 84,877.55 220.68 85,098.23 3 I Payment @ 6/30/17 5,202.16 220.68 5,422.84 Balance @ 7/1/17 79,675.39 - 79,675.39 FY 17-18 Interest - 207.16 207.16 Balance @ 6/30/18 79,675.39 207.16 79,882.55 4 I Payment @ 6/30/18 5,215.68 207.16 5,422.84 Balance @ 7/1/18 74,459.71 - 74,459.71 FY 18-19 Interest - 193.60 193.60 Balance @ 6/30/19 74,459.71 193.60 74,653.31 5 I Payment @ 6/30/19 5,229.24 193.60 5,422.84 Balance @ 7/1/19 69,230.47 - 69,230.47 FY 19-20 Interest - 180.00 180.00 Balance CO 6/30/20 69,230.47 180.00 69,410.47 6 I Payment @ 6/30/20 5,242.84 180.00 5,422.84 Exhibit B JANUARY 15, 1992 DRAINAGE FUND(AB 1600) LOAN 18-YEAR $90,000 Principal Balance Continued Pymt# Balances Principal Interest Total Balance @ 7/1/20 63,987.63 - 63,987.63 FY 20-21 Interest - 166.37 166.37 Balance @ 6/30/21 63,987.63 166.37 64,154.00 7 I Payment @ 6/30/21 5,256.47 166.37 5,422.84 Balance @ 7/1/21 58,731.16 - 58,731.16 FY 21-22 Interest - 152.70 152.70 Balance @ 6/30/22 58,731.16 152.70 58,883.86 8 I Payment @ 6/30/22 5,270.14 152.70 5,422.84 Balance CO 7/1/22 53,461.02 - 53,461.02 FY 22-23 Interest - 139.00 139.00 Balance @ 6/30/23 53,461.02 139.00 53,600.02 9 I Payment @ 6/30/23 5,283.84 139.00 5,422.84 Balance @ 7/1/23 48,177.18 - 48,177.18 FY 23-24 Interest - 125.26 125.26 Balance @ 6/30/24 48,177.18 125.26 48,302.44 10 I Payment @ 6/30/24 5,297.58 125.26 5,422.84 Balance @ 7/1/24 42,879.60 - 42,879.60 FY 24-25 Interest - 111.49 111.49 Balance @ 6/30/25 42,879.60 111.49 42,991.09 11 I Payment @ 6/30/25 5,311.35 111.49 5,422.84 Balance @ 7/1/25 37,568.25 - 37,568.25 FY 25-26 Interest - 97.68 97.68 Balance @ 6/30/26 37,568.25 97.68 37,665.93 12 I Payment @ 6/30/26 5,325.16 97.68 5,422.84 Exhibit B JANUARY 15, 1992 DRAINAGE FUND(AB 1600) LOAN 18-YEAR $90,000 Principal Balance Continued Pymt# Balances Principal Interest Total Balance @ 7/1/26 32,243.09 - 32,243.09 FY 26-27 Interest - 83.83 83.83 Balance @ 6/30/27 32,243.09 83.83 32,326.92 13 I Payment @ 6/30/27 5,339.01 83.83 5,422.84 Balance @ 7/1/27 26,904.08 - 26,904.08 FY 27-28 Interest - 69.95 69.95 Balance @ 6/30/28 26,904.08 69.95 26,974.03 14 I Payment @ 6/30/28 5,352.89 69.95 5,422.84 Balance @ 7/1/28 21,551.19 - 21,551.19 FY 28-29 Interest - 56.03 56.03 Balance @ 6/30/29 21,551.19 56.03 21,607.22 15 I Payment @ 6/30/29 5,366.81 56.03 5,422.84 Balance @ 7/1/29 16,184.38 - 16,184.38 FY 29-30 Interest - 42.08 42.08 Balance @ 6/30/30 16,184.38 42.08 16,226.46 16 I Payment @ 6/30/30 5,380.76 42.08 5,422.84 Balance @ 7/1/30 10,803.62 - 10,803.62 FY 30-31 Interest - 28.09 28.09 Balance @ 6/30/31 10,803.62 28.09 10,831.71 17 I Payment @ 6/30/31 5,394.75 28.09 5,422.84 Balance @ 7/1/31 5,408.87 - 5,408.87 FY 31-32 Interest - 14.06 14.06 Balance @ 6/30/32 5,408.87 14.06 5,422.93 18 I Payment @ 6/30/32 5,408.87 14.06 5,422.93 Balance @ 7/1/32 - - 0.00 Exhibit B