HomeMy WebLinkAboutSA 2018-002SUCCESSOR AGENCY RESOLUTION NO. 2018-002
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
FORMER COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF SANTA ANA APPROVING AN AMENDED
RECOGNIZED OBLIGATION PAYMENT SCHEDULE 18-19B
FOR THE PERIOD OF JANUARY 1, 2019 TO JUNE 30, 2019
PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177(o)(1)(E), AND PART 1.85 OF DIVISION 24 OF THE
CALIFORNIA HEALTH AND SAFETY CODE ("DISSOLUTION
ACT")
BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE
CITY OF SANTA ANA, AS FOLLOWS:
Section 1. The City Council of Santa Ana, acting as Successor Agency,
conclusively finds, determines and declares as follows:
A. On January 9, 2012, pursuant to section 34173 of the California Health & Safety
Code, the City of Santa Ana ("City") elected to serve as the Successor Agency
for the dissolved Community Redevelopment Agency ("Agency") of the City of
Santa Ana and selected the Housing Authority of the City of Santa Ana to act as
"Successor Housing Agency."
B. The City Council serves as the governing body of the Successor Agency under
the Dissolution Act, as amended by AB 1484, AB 471, and SB 107, to administer
the enforceable obligations of the Agency and otherwise unwind the Agency's
affairs.
C. SB 107 revised the timeline for the preparation of the required Recognized
Obligation Payment Schedule (ROPS) from each six-month period to a one-year
period beginning July 1, 2016.
D. The Successor Agency received and filed the ROPS for the 18-19 period, upon
review and approval by the Oversight Board on January 29, 2018 and submitted
it to the Department of Finance (DOF) and other required entities by the February
1, 2018 deadline. DOF issued its preliminary decision letter regarding ROPS 18-
19 on April 13, 2018, and then subsequently issued its final determination letter
on May 17, 2018 after a Meet and Confer session requested by Santa Ana.
F, Section 34177(n)(1)(E) authorizes that "[o]nce per period, and no later than
October 1, a successor agency may submit one amendment to the [BOPS]
approved by the department pursuant to this subdivision, if the oversight board
makes a finding that a revision is necessary for the payment of approved
enforceable obligations during the second one-half of the [ROPS] period, which
shall be defined as January 1 to June 30, inclusive. A successor agency may
Resolution No. 2018-002
Page 1 of 5
only amend the amount requested for payment of approved enforceable
obligations. The revised [ROPS] shall be approved by the oversight board and
submitted to the department by electronic means in a manner of the department's
choosing. The department shall notify the successor agency and the county
auditor -controller as to the outcome of the department's review at least 15 days
before the date of the property tax distribution."
F. During the preparation and submission of the ROPS 18-19, it was anticipated that
an outstanding obligation pursuant to a disposition and development agreement
with an affordable housing developer would be completed by the end of the
ROPS 17-18 period (June 30, 2018), and hence, line item 70 regarding this
obligation was "retired" for the ROPS 18-19 period. Due to various delays, the
outstanding obligation was not completed nor paid by the June 30, 2018 date and
the obligation remains unpaid.
G. DOF added line item 70 back into the Amended ROPS 18-19B template for Santa
Ana to amend the ROPS for the January 1, 2019 through June 30, 2019 "B" fiscal
period to enable the Successor Agency to fulfill its payment obligation in the
amount of $250,000.
H. Successor Agency staff has prepared the Amended BOPS 18-19B with
modifications to the `B" fiscal period of January 1, 2019 to June 30, 2019 as to
line item 70.
Section 2. The SuccessorAgency approves the Amended Recognized Obligation
Payment Schedule 18-19B, attached hereto as Exhibit A and incorporated herein by this
reference, determines that the amendment is necessary to pay an enforceable obligation in
the ROPS 18-19B period, and authorizes the submission to the County of Orange and
Orange Countywide Oversight Board for review and approval.
Section 3. Pursuant to the Dissolution Act, the Successor Agency further
authorizes the transmittal of the Amended ROPS 18-19B, upon subsequent Orange
Countywide Oversight Board approval, to DOF with copies to the County Administrative
Officer, the County Auditor -Controller, and the State Controller's Office.
Section 4. The City Manager, or his/her designee ("City Manager"), is directed to
post on the City's website the Amended ROPS 18-19B in the manner required by law.
Section 5. The City Manager and/or the Executive Director of Community
Development, or their respective designees, as delegated officials of the City acting as
Successor Agency, are authorized to make or accept any augmentation, modification,
additions, or revisions to the ROPS as may be necessary and appropriate in their
reasonable discretion, based on review or communications from the Orange Countywide
Oversight Board, the State Department of Finance or County of Orange.
Section 6. This Resolution shall take effect immediately upon its adoption by
the Successor Agency, and the Clerk of the Council shall attest to and certify the vote
Resolution No. 2018-002
Page 2 of 6
adopting of this Resolution.
ADOPTED this 4'h day of September, 2018
APPROVED AS TO FORM:
Sonia R. Cprvalho, City Attorney
in
Attorney
AYES: Councilmembers Benavides, Martinez, Pulido, Solorio,
Tinaiero Villegas (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers Sarmiento (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2018-002 to be the original resolution adopted by the City Council acting
as the Successor Agency on September 4th, 2018
Date: q&1 ? -019
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Resolution No. 2018-002
Page 3 of 5
m
rn
r
eo 'n
r
o0. 0
0—
N
11] O
QMy
t1 C
N a
s�
U .C�
ui a
G o
m�
m o
ar
.2
25
a
US
N w
LL
U
a
N
.3
w
W
c
4
c
G
o
0
m
M
O
M
m
N F
N
N
C
pO
p
r
COCL�
2
N
M
OP�OO
C
M
N
T
N
N
AI
f�Y
G
o
0
m
o
0
r
U.
a
T a.
K N
a
a
v
d
a
`o
yy
U
G
N U
Resolution No. 2018-002
Page 4 of 5
w
afoul
W([I7`91
U.
+
LL
W
a
Iµ
X
i1
m
F
n
9
O
�
m
W
o
tL
°
a
o
m
c
ro
aGa
m
w
m
>
2
Iri
a
O
LL
d
.QOm
w
o
O
m
w
w
is
<
Cn
U
0
W
LL
O
2
W([I7`91
EXHIBIT A
■I■11111
MEN