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2013-001 SA
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2013-001 SA
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Last modified
6/26/2013 4:14:08 PM
Creation date
6/17/2013 9:35:29 AM
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City Clerk
Doc Type
Resolution
Doc #
2013-001
Date
2/19/2013
Destruction Year
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E. The ROPS (Exhibit A) and Budget (Exhibit B) for the July 1, 2013 through <br />December 31, 2013 period were approved by the Oversight Board and are now being <br />presented for Successor Agency approval. Based on the DOF instructions, the DOF is <br />allowing the Oversight Board/Successor Agency to include previously disputed items on <br />this ROPS. These disputed items are included as directed in the "Notes" section of the <br />form provided by DOF. <br />F. Following action by the Successor Agency, the ROPS and Budget will be <br />forwarded to the DOF and county auditor-controller as required by AB 1484. <br />G. Pursuant to AB 1484, Health and Safety Code Section 34177(m), this <br />approved ROPS must be submitted to the DOF and county auditor-controller no fewer <br />than 90 days before the date of property tax distribution, or the Successor Agency/City <br />will be subject to severe financial penalties. <br />H. Health and Safety Code Section 34173(e) provides that "the liability of any <br />successor agency, acting pursuant to the powers granted under the act adding this part, <br />shall be limited to the extent of the total sum of property tax revenues it receives pursuant <br />to this part and the value of assets transferred to it as a successor agency for a dissolved <br />redevelopment agency." Thus, the City's obligations as Successor Agency are limited by <br />the amount of property taxes and the value of assets it receives in its role as the <br />Successor Agency. Despite this language, the Dissolution Act (as amended by AB <br />1484) also provides for the withholding and diversion of sales tax and property tax <br />revenues otherwise due to the City in order to recover certain expenditures deemed to <br />have been improperly made by the former Agency; however this offset is inapplicable to <br />the present actions, and there are various lawsuits, including one filed by the League of <br />California Cities, that are challenging the constitutionality of the sales and property tax <br />off-set penalties to cities. <br />Section 2. The Successor Agency approves the Recognized Obligation Payment <br />Schedule, attached hereto as Exhibit A and incorporated herein by this reference, which <br />establishes those obligations which the Community Redevelopment Agency of the City of Santa <br />Ana has binding commitments that it has entered into and includes legal commitments that it is <br />obligated to perform from July 1, 2013 through December 31, 2013, in order to meet the pre- <br />existing commitments of contracts and obligations that were established prior to the effective <br />date of the Dissolution Act. <br />Section 3. Pursuant to the Dissolution Act, the Successor Agency approves the <br />proposed Administrative Budget, attached hereto as Exhibit B and incorporated herein by this <br />reference. Following action by the Successor Agency, the ROPS and Budget will be forwarded <br />to the DOF and the county auditor-controller as required by AB 1484. <br />Section 4. The City Manager, or his/her designee ("City Manager'), is directed to file <br />the Recognized Obligation Payment Schedule and the Administrative Budget in the manner <br />required by law. <br />Resolution No. 2013-001 <br />Page 2 of 3
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