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such "new" obligations in Section 34177.3(a), which states: "Successor agencies shall lack the <br />authority to, and shall not, create new enforceable obligations under the authority of the <br />Community Redevelopment Law ... or begin new redevelopment work, except in compliance <br />with an enforceable obligation that existed prior to June 28, 2011."5 <br />In response to the DOF's position that the Settlement Agreements are not enforceable <br />obligations, a lawsuit has been filed in the Superior Court of the State of California, County of <br />Sacramento (Gerald Peebler, et al, v. State of California Department of Finance et al, Case No. <br />34-2012-80001172). <br />Santa Ana Successor Agency Dispute on <br />ROPS #s 68 - 85 (Housing Project <br />Implementation Items): <br />Items 68, 69, & 74-85 - These obligations are partially fulfilled, ongoing projects. The former <br />RDA entered into these obligations prior to June 28, 2011 to be paid from the LMIHF to increase <br />and improve the project area's supply of affordable housing. The Successor Agency has <br />continued obligations pursuant to the project agreements, and is requesting the necessary funding <br />to complete the projects, including Successor Agency's direct project expenses associated with <br />staffing and professional costs. We are requesting these expenses be paid from RPTTF as the <br />LMIHF no longer exists under the law. <br />Items 70 - 73 - These are approved EOs that have financial obligations, and require project costs <br />be funded, including project management, construction management and other project <br />implementation and oversight services. DOF disallowed the source of payment on the last <br />ROPS, thus a different source of payment has been identified, as applicable. <br />Santa Ana Successor Agency Dispute on <br />ROPS #35 & 36 (SA Venture Agmnts.): <br />The ROPS includes the outstanding obligation of the Former Agency (and therefore the <br />Successor Agency) under the S.A. Venture Agreement to pay certain transportation impact fees <br />("Fees") in the event Santa Ana Venture (the third party oblige under the S.A. Venture <br />Agreement referred to in this letter as the "Developer") constructs additional retail and/or office <br />Emphasis added. <br />Page 4 of 9 <br />3-22