Laserfiche WebLink
MAYOR <br />Miguel A. Pulido <br />MAYOR PRO TEM <br />Claudia C. Alvarez <br />COUNCILMEMBERS <br />P. David Benavides <br />Carlos Bustamante <br />Michele Martinez <br />Vincent F. Sarmiento <br />Sal Tinajero <br />May 18, 2012 <br />California Department of Finance <br />Redevelopment_Administrationgdof.ca. gov <br />SUBJECT: ROPS FOR JANUARY THROUGH JUNE 2012 <br />Dear Sir/Madam: <br />Note: Attachments referenced in this <br />letter previously e-mailed to DOF on <br />5/18/12. <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 (BOPS). 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 ROPS, but for others we are <br />providing additional details and clarification for your consideration. The Oversight Board tools 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 commitments have not been made and this item is an estimated <br />amount for possible future projects, and cites Health and Safety Code (HSC) Section 34163(b) as <br />prohibiting redevelopment agencies from incurring any obligations or making 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 ABX1 26. <br />Furthermore, Section 1, page 3 of the agreement as amended in 1992 (see excerpt, Attachment 2) <br />obligates the Agency to pay for a certain portion of the transportation fees based on expansion per <br />CITY MANAGER <br />David N. Ream <br />CITY ATTORNEY <br />Joseph W. Fletcher <br />CLERK OF THE COUNCIL <br />Maria D. Huizar <br />CITY OF SANTA ANA <br />20 CIVIC CENTER PLAZA • P.O. BOX 1988 <br />SANTA ANA, CALIFORNIA 92702 <br />3-28