HomeMy WebLinkAbout2011-08-24 - AGENDA REPORT - ENFORCEMENT OBLIGATIONS ABX1 26REQUEST FOR COUNCIL/
AGENCY ACTION
MEETING DATE:
AUGUST 24, 2011
TITLE:
CITY COUNCIL RESOLUTION OF INTENT TO ENACT
AN ORDINANCE PURSUANT TO ABX1 27 AND
RESOLUTION ESTABLISHING ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE OF THE SANTA
ANA COMMUNITY REDEVELOPMENT AGENCY
PURSUANT TO ABX1 26
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CITY MANAGER INTE EXECUTIVE
RECTOR
RECOMMENDED ACTION
CITY COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
❑
As Recommended
❑
As Amended
❑
Ordinance on 1st Reading
❑
Ordinance on 2nd Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a Resolution of the City Council of the City of Santa Ana declaring its intention to enact an
Ordinance whereby the City shall elect to comply with and participate in the alternative voluntary
redevelopment program contained in Part 1.9 of Division 24 of the California Health and Safety
Code.
COMMUNITY REDEVELOPMENT AGENCY ACTION
Adopt a Resolution of the Community Redevelopment Agency of the City of Santa Ana
establishing an initial Enforceable Obligation Payment Schedule pursuant to ABX1 26.
DISCUSSION
On June 28, 2011, the Governor of California signed two bills that impact redevelopment agencies
throughout the State, ABX1 26 and ABX1 27. ABX1 26, which is referred to as the "Dissolution
Bill," suspends most redevelopment agency activities effective immediately and directs the
dissolution of redevelopment agencies and the designation of successor agencies as of October 1,
2011. The bill also requires agencies to establish an Enforceable Obligation Payment Schedule
(EOPS) by August 28, 2011. The EOPS must include items such as project name, payee, a brief
project description, and the monthly payments through December 2011.
The second bill, ABX1 27, which is referred to as the "Continuation Bill," creates an alternative
voluntary redevelopment program that allows the continued existence of redevelopment agencies
Resolutions Pursuant to ABX1 26 & ABX1 27
August 24, 2011
Page 2
if the legislative body of the city or county makes annual "community remittances" to school
districts and special districts. The State hopes to realize $1.7 billion from these payments
statewide in FY 2011-12 and an additional $400 million each subsequent year. In order to
participate in the alternative voluntary redevelopment program, the City is required to enact an
ordinance to comply with Part 1.9 of Division 24 of the California Health and Safety Code by
October 1, 2011. However, the City can adopt a non-binding resolution of intent to enact the
ordinance and extend the deadline to November 1, 2011.
The California Redevelopment Association and League of California Cities filed a lawsuit in the
California Supreme Court challenging the constitutionality of this legislation and seeking an
immediate stay of both bills. On August 11, 2011, the California Supreme Court agreed to review
the petition and stayed specified portions of the legislation, indefinitely postponing certain
provisions' effectiveness. Legal counsel is recommending that the City preserve its options by
proceeding with the adoption of both the Agency Resolution establishing the Enforceable
Obligation Payment Schedule, as well as the City Council Resolution declaring its intention to
enact a Continuation Ordinance. While this matter is being considered in court, the Agency can
continue with its "enforceable obligations"; however, no new agreements, amendments to existing
agreements, disposition of assets (except per existing enforceable obligations), etc. are permitted.
The stay will remain in effect until the court issues a decision, which is expected by January 15,
2012.
The State Department of Finance recently released the official remittance amounts due from each
redevelopment agency for FY 2011-12 pursuant to ABX1 27. The Community Redevelopment
Agency of the City of Santa Ana's (Agency) amount is $20,489,170. If the continuation ordinance
is enacted, this amount is due in two equal payments on January 15, 2012 and May 15, 2012. The
remittance amount thereafter is approximately $5 million annually. However, as provided by the
legislation, the Agency filed an appeal on August 15, 2011 with the California Department of
Finance regarding the "opt -in" remittance amount. It has been determined that there were 96
successful property tax assessment appeals that were filed and resolved for FY 2008-09, resulting
in an estimated appeals refund totaling $741,995. As the majority of the successful appeals were
not resolved by the County of Orange until 2009 and 2010, this information was not available at the
time the Agency was required to submit the 2008-09 State Controller's Report. Factoring this into
the state's formula may result in a decrease in the initial base year remittance amount by as much
as $350,000.
Many cities/counties are also expected to file appeals. Therefore, it cannot be assured that the
state will not make further adjustments to the calculations that will affect the estimated
remittances. The State Director of Finance has until September 15, 2011 to reject or approve
the appeal, and may also extend the decision deadline until October 15, 2011. The Department
of Finance has indicated it will review appeals and issue advisory opinions pending the
California Supreme Court -issued partial stay on the petition challenging the constitutionality of
ABX1 26 and 27.
x:11
Resolutions Pursuant to ABX1 26 & ABX1 27
August 24, 2011
Page 3
It is estimated that the Agency stands to receive approximately $728.22 million ($294.41 million net
present value) in net tax increment revenues over the remaining life of the merged project area by
participating in the voluntary continuation program. Given that Santa Ana's redevelopment efforts
significantly contribute to much-needed economic and physical community revitalization, affordable
housing development, and the general enhancement of our city, it is recommended that the
Agency continue to take the necessary steps to implement ABX1 27. The tentative schedule for
the other required components of ABX1 27 include: September 6, 2011 for the first reading of the
Continuation Ordinance; and September 19, 2011 for the second reading of the ordinance.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Sandi Gottlieb
Redevelopment Project Manager
Community Development Agency
NTE/SG/mlr
Exhibits: 1. Council Resolution of Intent to Enact an Ordinance
2. CRA Resolution Establishing an Initial EOPS
�;117Ma
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RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA DECLARING ITS INTENTION
TO ENACT AN ORDINANCE WHEREBY THE CITY
SHALL ELECT TO COMPLY WITH AND
PARTICIPATE IN THE ALTERNATIVE VOLUNTARY
REDEVELOPMENT PROGRAM CONTAINED IN
PART 1.9 OF DIVISION 24 OF THE CALIFORNIA
HEALTH AND SAFETY CODE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana conclusively finds, determines
and declares as follows:
A. The Community Redevelopment Agency of the City of Santa Ana
("Agency") is a community redevelopment agency organized and existing under the
California Community Redevelopment Law, Health and Safety Code Sections 33000, et
seq. ("CRL") and has been authorized to transact business and exercise the powers of a
redevelopment agency pursuant to action of the City Council of the City of Santa Ana
("City„).
B. The Agency is engaged in activities necessary and appropriate to carry
out the Redevelopment Plan for the Merged Project Area ("Redevelopment Project")
which was adopted by and through a series of ordinances of the City Council, which
ordinances approved a redevelopment plan, as amended periodically, all in compliance
with the requirements of the CRL.
C. Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were
added to the CRL by ABX1 26 and ABX1 27, which measures purport to become
effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12
budget bills, were approved by both houses of the Legislature on June 15, 2011, and
signed by the Governor on June 28, 2011.
D. Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of
all redevelopment agencies, including the Agency, as of October 1, 2011, and provides
that, thereafter, a successor agency administer the enforceable obligations of the
Agency and otherwise wind up the Agency's affairs, all subject to the review and
approval of an oversight committee.
E. Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and
authority of the Agency in the interim period prior to dissolution to certain "enforceable
obligations" and to actions required for the general winding up of affairs, preservation of
assets, and certain other goals delineated in Part 1.8.
EXHIBIT 1
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F. The dissolution of the Agency would be detrimental to the health, safety,
and economic well-being of the residents of the City and cause irreparable harm to the
community, because, among other reasons, the redevelopment activities and projects
made possible, implemented, and funded by the Agency are highly significant and of
enduring benefit to the community and the City, and are a critical component of its
future.
G. Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency
may continue in operation if a city or county that includes a redevelopment agency
adopts an ordinance agreeing to comply with and participate in the Alternative Voluntary
Redevelopment Program established in Part 1.9 ("Program").
H. As a condition of the Agency's continued existence and operation of its
redevelopment agency, the City is required to make certain annual remittances to the
county auditor -controller pursuant to Chapter 3 of Part 1.9, beginning with a larger
upfront remittance for the 2011-2012 fiscal year ("First Remittance"), to be paid in two
equal installments on January 15, 2012 and May 15, 2012.
I. The City and Agency expect that there will be sufficient moneys and
revenues to fund an amount equal to the City's payment of the First Remittance and
further expect to have sufficient moneys and revenues to fund the subsequent
annual remittances required by Part 1.9.
J. The City's needs are such that it can commit to spend the funds received
from the Agency pursuant to the Agreement to Transfer Tax Increment (defined below)
to finance activities within the Redevelopment Project that are related to accomplishing
the goals of the Redevelopment Project.
K. The City intends to adopt the ordinance required by Part 1.9, in order to
allow the Agency to continue in operation and performing its functions ("Ordinance").
L. The City intends to adopt the Ordinance and desires to forestall the
dissolution of the Agency until November 1, 2011 to allow the City sufficient time to
enact the Ordinance.
M. The City and Agency desire to enter into an agreement pursuant to CRL
Section 34194.2 whereby the Agency shall make an initial transfer of a portion of its tax
increment to the City in an amount equal the First Remittance, and thereafter to transfer
amounts of tax increment equal to any subsequent remittance which the City is required
to make to the county auditor -controller pursuant to the City's participation in the
Program ("Agreement to Transfer Tax Increment").
2
EXHIBIT 1
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N. The City is aware that the validity, passage, and applicability of ABX1 26
and ABX1 27 may become the subject of a judicial challenge.
O. The City, by the adoption of this resolution, does not represent, disclaim,
or take any position whatsoever on the issue of the validity of ABX1 26 or ABX1 27, but
rather the City seeks to comply with the Constitution and laws of the State of California,
including Part 1.9, in order to preserve the ability of the Agency to continue to operate
and thereby benefit the community.
P. The City has duly considered all other related matters and has determined
that the City's participation in the Program is in the best interests of the City, the Agency,
and the health, safety, and welfare of its residents, and in accord with the public
purposes and provisions of applicable state and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE
AS FOLLOWS.-
Section
OLLOWS:
Section 2. The foregoing Recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
Section 3. Pursuant to CRL Section 34193(b), the City hereby expresses its intent to
adopt the Ordinance to comply with Part 1.9. This resolution is that "nonbinding resolution of
intent" referred to in CRL Section 34193(b) and shall be interpreted and applied in all respects
in accordance with such section and Part 1.9, to the fullest extent permitted by law.
Section 4. On or before October 1, 2011, the City Manager, or his designee, is
hereby authorized and directed to notify the county auditor, the State Department of Finance,
and the Controller of the State concerning the resolution, in accordance with Section 34193(b).
Section 5. The City Attorney, or his designee, is hereby authorized to bring or join an
action in the Superior Court pursuant to CRL Sections 33500 and 33501 to determine the
validity of the ordinance referred to in this resolution, or the validity of any bonds contemplated
to be issued by the agency or other material contracts of the Agency, or any findings of the City
Council related thereto, upon the determination of the City Manager that such action is
reasonably necessary or appropriate to facilitate the consummation of any agency transaction
for which governing board approval has been given.
Section 6. This Resolution shall take effect immediately upon its adoption by the City
Council, and the Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
3
EXHIBIT 1
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ADOPTED this day of
APPROVED AS TO FORM:
Joseph Straka
Interim City Attorney
Lisa E. Storck
Assistant City Attorney
AYES:
NOES:
Councilmembers:
Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
2011.
Miguel A. Pulido
Mayor
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution
No. 2011- to be the original resolution adopted by the City Council of the City of Santa
Ana on 2011.
Date:
Clerk of Council
City of Santa Ana
4
EXHIBIT 1
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RESOLUTION NO. 2011-
A RESOLUTION OF THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
SANTA ANA ESTABLISHING AN INITIAL
ENFORCEABLE OBLIGATION PAYMENT
SCHEDULE PURSUANT TO ASSEMBLY BILL
NUMBER ABX1 26
BE IT RESOLVED BY THE MEMBERS OF THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS:
Section 1. The Community Redevelopment Agency of the City of Santa Ana
conclusively finds, determines and declares as follows:
A. The Community Redevelopment Agency of the City of Santa Ana
("Agency") is a community redevelopment agency organized and existing under the
California Community Redevelopment Law, Health and Safety Code Sections 33000, et
seq. ("CRL") and has been authorized to transact business and exercise the powers of a
redevelopment agency pursuant to action of the City Council of the City of Santa Ana
("City").
B. The City approved and adopted the Redevelopment Plan for the Merged
Project Area (the "Redevelopment Plan") as amended periodically, covering properties
within the City (the "Project Area") in compliance with the requirements of the CRL.
C. Since the dates of adoption of the Redevelopment Plan, the Agency has
undertaken redevelopment projects in the Project Area to reduce and/or eliminate blight,
improve public facilities and infrastructure, renovate and construct affordable housing,
enter into partnerships with private industries to create jobs and develop local job
opportunities, and alleviate deficiencies in public infrastructure.
D. The Agency hopes, over the next few years, to continue to implement a
variety of redevelopment projects and programs to continue to reduce/eliminate blight,
improve public facilities and infrastructure, renovate and construct affordable housing,
enter into partnerships with private industries to create jobs and develop local job
opportunities, and alleviate deficiencies in public infrastructure.
E. As part of the 2011-2012 State budget bill, the California Legislature has
recently enacted and the Governor has signed, companion bills Assembly Bill X1 26 and
Assembly Bill X1 27 ("ABX1 26" and "ABX1 27" respectively) requiring that each
redevelopment agency ("agency/ies") be dissolved unless the community that created it
enacts an ordinance committing it to making certain payments.
F. ABX1 26 prohibits agencies from taking numerous actions, requires all
agencies to wind down their affairs effective immediately, and provides that agencies are
deemed to be dissolved as of October 1, 2011, unless the agencies are extended
through compliance with the requirements of ABX1 27.
1
EXHIBIT 2
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G. As part of the winding down process, all agencies are required to file a
schedule of "enforceable obligations" that require payments to be made through the end
of the calendar year 2011.
H. Under the threat of dissolution pursuant to ABX1 26, and based upon the
contingencies and reservations set forth herein, the Agency establishes the Enforceable
Obligation Payment Schedule ("EOPS") to be able to continue redevelopment activities
that were begun prior to the effective date of ABX1 26 (see EOPS attached hereto and
incorporated herein as Exhibit A).
I. The Agency reserves the right to appeal any determination of the California
Director of Finance or other entity regarding the propriety of requiring this resolution as
well as any future determinations.
J. The Agency is aware that an action challenging the constitutionality of
ABX1 26 and ABX1 27 has been filed on behalf of cities, counties, and redevelopment
agencies. Further, the Agency reserves the right, regardless of any actions taken
pursuant to this resolution, to challenge the legality of ABX1 26 and ABX1 27 and seek
reimbursement for compliance costs of this state -mandated program.
K. The Agency currently intends to comply with the state -mandated
obligations established hereunder, they shall all be made under protest and without
prejudice to the Agency's right to recover such amounts and interest thereon, to the
extent there is a final determination that ABX1 26 and ABX1 27 are unconstitutional or
otherwise infirm, including state -mandated costs for complying with the establishment of
the EOPS attached hereto, and any amendments thereto.
L. To the extent a court of competent jurisdiction enjoins, restrains, or grants
a stay on the effectiveness of the Alternative Voluntary Redevelopment Program's
payment obligation of ABX1 26 and ABX1 27, the Agency shall not be obligated to file
the EOPS or comply with the terms and conditions of ABX1 26 and ABX1 27 for the
duration of such injunction, restraint, or stay, and this resolution shall not be construed as
any waiver or disclaimer of its rights with respect to such injunction, restraint or stay.
M. The applicability of the attached EOPS is contingent upon the applicability
of Part 1.8 of ABX1 26 to the Agency.
Section 2. The attached Enforceable Obligation Payment Schedule (Exhibit A)
establishes those obligations which the Community Redevelopment Agency of the City of Santa
Ana has binding commitments that it has entered into and includes legal commitments that it is
obligated to enter into before January 1, 2012, to meet the pre-existing commitments of
contracts and obligations that were established prior to the effective date of ABX1 26.
Section 3. The Executive Director of the Agency, or her/his designee ("Executive
Director"), is directed to file this Enforceable Obligation Payment Schedule in the manner
required by law. The Executive Director is further authorized to withhold filing this resolution and
the Enforceable Obligation Payment Schedule in the event of a stay, injunction, or other Court
2
EXHIBIT 2
8OA-9
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order which delays or prevents the implementation of ABX1 26 or any similar legislative act
mandating the filing of this Enforceable Obligation Payment Schedule established herein.
Section 4. The Executive Director is hereby authorized to take steps to perfect a claim
for mandate relief pursuant to the steps required by the Agency to implement ABX1 26 and
ABX1 27 or similar legislation.
Section 5. The Executive Director is further authorized and directed to post the
Enforceable Obligation Payment Schedule on the Agency's website and to notify the county
auditor -controller, the California Department of Finance, and the Controller of the State
concerning this Resolution, the Enforceable Obligation Payment Schedule, and its online
publication.
Section 6. This Resolution shall take effect immediately upon its adoption by the
Agency Board, and the Agency Secretary shall attest to and certify the vote adopting this
Resolution.
3
EXHIBIT 2
80A-10
ADOPTED this day of
APPROVED AS TO FORM:
Joseph Straka, Interim General Counsel
By:
Lisa E. Storck
Assistant Counsel
AYES: Boardmembers:
NOES: Boardmembers:
ABSTAIN: Boardmembers:
NOT PRESENT: Boardmembers:
2011.
8/9/11 LES
Miguel A. Pulido
Chair
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Secretary of the Agency, do hereby attest to and certify the attached
Resolution No. 2011- to be the original resolution adopted by the Community
Redevelopment Agency of the City of Santa Ana on , 2011.
Date:
Secretary, Community Redevelopment Agency
4
EXHIBIT 2
8OA-11
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