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<br /> <br /> IAIA', ok CIIY MANA(71!IZ <br /> Migncl A. I'ulido .y,»~4'r%' David N. R-- <br /> MAYOR PRO 'I'I-:M C'1 'I Y A'II'OKNEY <br /> Claudia C'_ AM-, - ,Inseph W rlclcher <br /> COUNC'1LMUM13F_RS r. <br /> rn CLERK OF 1 HE COUNCIL <br /> P- David Bcnavidos Man., D. Humor <br /> Carlos llustanrm lc <br /> M ichclc Martinez I <br /> S <br /> Sid t pan"`""° <br /> Sal 'r inajero CITY OF SANTA ANA <br /> 20 CIVIC CI-NTFR PLAZA - P.O. I30X 1988 <br /> SANTA ANA, CALIFORNIA 92702 <br /> May 18, 2012 Note: Attachments referenced in this <br /> letter previously e-mailed to DOF on <br /> 5/18/12. <br /> California Department of Finance <br /> Redevelopment Adii-iiiiisti-atioti(u),ciof.ca-,-ov <br /> SUBJECT: ROPS FOR JANUARY THROUGH JUNE 2012 <br /> Dear Sir/Madam: <br /> We are responding to the Department of Finance ("DOF") letter dated May 3, 2012 ("DOF Letter") <br /> regarding Santa Ana's Recognized Obligation Payment Schedule for the period of January 1 through June <br /> 30, 2012 (ROPS). As background, our ROPS was approved by the Oversight Board on April 10, 2012 <br /> and a courtesy copy was e-mailed to DOF, the State Controller's Office and the County Auditor- <br /> Controller on April 16, 2012. We offer the following responses on the DOF Letter, and will be following <br /> up with a telephone call in an effort to hopefully resolve any outstanding issues. We believe that the <br /> information we are providing should assist DOF in confirming these items as enforceable obligations. <br /> Please note that our Oversight Board agreed to certain modifications to the RODS, but for others we are <br /> providing additional details and clarification for your consideration. The Oversight Board took action on <br /> this item at its May 15, 2012 meeting, and approved an Amended ROPS (Attachment 1). <br /> • Page 2, item 23, Santa Ana Venture contract totaling $1-6 million- The DOF Letter states that <br /> it is your understanding that conlmit3ments have not been made and this item is an estimated <br /> amount for possible future projects, and cites health and Safety Code (IISC) Section 34163(b) as <br /> prohibiting redevelopment agencies from incurring any obligations or nzalcing commitments after <br /> June 27, 2011. <br /> Response: To the contrary, this commitment was made over 20 years ago. In this regard, the <br /> Santa Ana Venture Participation Agreement was entered into in April 1984, and the amendment <br /> pertaining to the subject obligation was entered into in March 1992. Therefore, this agreement <br /> does fall well within the time limits specified by ABXI 26. <br /> Furthermore, Section 1, page 3 of the agreement as amended in 1992 (see excerpt, Attachment 2) <br /> obligates the Agcncy to pay for a certain portion of the transportation fces haled on expansion per <br /> 3-34 <br />