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HomeMy WebLinkAboutSA 2018-002SUCCESSOR AGENCY RESOLUTION NO. 2018-002 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING AN AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE 18-19B FOR THE PERIOD OF JANUARY 1, 2019 TO JUNE 30, 2019 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(o)(1)(E), AND PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ("DISSOLUTION ACT") BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of Santa Ana, acting as Successor Agency, conclusively finds, determines and declares as follows: A. On January 9, 2012, pursuant to section 34173 of the California Health & Safety Code, the City of Santa Ana ("City") elected to serve as the Successor Agency for the dissolved Community Redevelopment Agency ("Agency") of the City of Santa Ana and selected the Housing Authority of the City of Santa Ana to act as "Successor Housing Agency." B. The City Council serves as the governing body of the Successor Agency under the Dissolution Act, as amended by AB 1484, AB 471, and SB 107, to administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs. C. SB 107 revised the timeline for the preparation of the required Recognized Obligation Payment Schedule (ROPS) from each six-month period to a one-year period beginning July 1, 2016. D. The Successor Agency received and filed the ROPS for the 18-19 period, upon review and approval by the Oversight Board on January 29, 2018 and submitted it to the Department of Finance (DOF) and other required entities by the February 1, 2018 deadline. DOF issued its preliminary decision letter regarding ROPS 18- 19 on April 13, 2018, and then subsequently issued its final determination letter on May 17, 2018 after a Meet and Confer session requested by Santa Ana. F, Section 34177(n)(1)(E) authorizes that "[o]nce per period, and no later than October 1, a successor agency may submit one amendment to the [BOPS] approved by the department pursuant to this subdivision, if the oversight board makes a finding that a revision is necessary for the payment of approved enforceable obligations during the second one-half of the [ROPS] period, which shall be defined as January 1 to June 30, inclusive. A successor agency may Resolution No. 2018-002 Page 1 of 5 only amend the amount requested for payment of approved enforceable obligations. The revised [ROPS] shall be approved by the oversight board and submitted to the department by electronic means in a manner of the department's choosing. The department shall notify the successor agency and the county auditor -controller as to the outcome of the department's review at least 15 days before the date of the property tax distribution." F. During the preparation and submission of the ROPS 18-19, it was anticipated that an outstanding obligation pursuant to a disposition and development agreement with an affordable housing developer would be completed by the end of the ROPS 17-18 period (June 30, 2018), and hence, line item 70 regarding this obligation was "retired" for the ROPS 18-19 period. Due to various delays, the outstanding obligation was not completed nor paid by the June 30, 2018 date and the obligation remains unpaid. G. DOF added line item 70 back into the Amended ROPS 18-19B template for Santa Ana to amend the ROPS for the January 1, 2019 through June 30, 2019 "B" fiscal period to enable the Successor Agency to fulfill its payment obligation in the amount of $250,000. H. Successor Agency staff has prepared the Amended BOPS 18-19B with modifications to the `B" fiscal period of January 1, 2019 to June 30, 2019 as to line item 70. Section 2. The SuccessorAgency approves the Amended Recognized Obligation Payment Schedule 18-19B, attached hereto as Exhibit A and incorporated herein by this reference, determines that the amendment is necessary to pay an enforceable obligation in the ROPS 18-19B period, and authorizes the submission to the County of Orange and Orange Countywide Oversight Board for review and approval. Section 3. Pursuant to the Dissolution Act, the Successor Agency further authorizes the transmittal of the Amended ROPS 18-19B, upon subsequent Orange Countywide Oversight Board approval, to DOF with copies to the County Administrative Officer, the County Auditor -Controller, and the State Controller's Office. Section 4. The City Manager, or his/her designee ("City Manager"), is directed to post on the City's website the Amended ROPS 18-19B in the manner required by law. Section 5. The City Manager and/or the Executive Director of Community Development, or their respective designees, as delegated officials of the City acting as Successor Agency, are authorized to make or accept any augmentation, modification, additions, or revisions to the ROPS as may be necessary and appropriate in their reasonable discretion, based on review or communications from the Orange Countywide Oversight Board, the State Department of Finance or County of Orange. Section 6. This Resolution shall take effect immediately upon its adoption by the Successor Agency, and the Clerk of the Council shall attest to and certify the vote Resolution No. 2018-002 Page 2 of 6 adopting of this Resolution. ADOPTED this 4'h day of September, 2018 APPROVED AS TO FORM: Sonia R. Cprvalho, City Attorney in Attorney AYES: Councilmembers Benavides, Martinez, Pulido, Solorio, Tinaiero Villegas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Sarmiento (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-002 to be the original resolution adopted by the City Council acting as the Successor Agency on September 4th, 2018 Date: q&1 ? -019 Maria D. 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