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HomeMy WebLinkAbout80A - JOINT - RESO - PAYMENT FOR CRAREQUEST FOR COUNCIL/ AGENCY ACTION MEETING DATE: AUGUST 24, 2011 TITLE: CITY COUNCIL RESOLUTION OF INTENT TO ENACT AN ORDINANCE PURSUANT TO ABX1 27 AND RESOLUTION ESTABLISHING ENFORCEABLE OBLIGATION PAYMENT SCHEDULE OF THE SANTA ANA COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO ABX1 26 i 4? WR &6d azio CITY MANAGER INTE EXECUTIVE RECTOR RECOMMENDED ACTION CITY COUNCIL ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a Resolution of the City Council of the City of Santa Ana declaring its intention to enact an Ordinance whereby the City shall elect to comply with and participate in the alternative voluntary redevelopment program contained in Part 1.9 of Division 24 of the California Health and Safety Code. COMMUNITY REDEVELOPMENT AGENCY ACTION Adopt a Resolution of the Community Redevelopment Agency of the City of Santa Ana establishing an initial Enforceable Obligation Payment Schedule pursuant to ABX1 26. DISCUSSION On June 28, 2011, the Governor of California signed two bills that impact redevelopment agencies throughout the State, ABX1 26 and ABX1 27. ABX1 26, which is referred to as the "Dissolution Bill," suspends most redevelopment agency activities effective immediately and directs the dissolution of redevelopment agencies and the designation of successor agencies as of October 1, 2011. The bill also requires agencies to establish an Enforceable Obligation Payment Schedule (EOPS) by August 28, 2011. The EOPS must include items such as project name, payee, a brief project description, and the monthly payments through December 2011. The second bill, ABX1 27, which is referred to as the "Continuation Bill," creates an alternative voluntary redevelopment program that allows the continued existence of redevelopment agencies 8OA-1 Resolutions Pursuant to ABX1 26 & ABX1 27 August 24, 2011 Page 2 if the legislative body of the city or county makes annual "community remittances" to school districts and special districts. The State hopes to realize $1.7 billion from these payments statewide in FY 2011-12 and an additional $400 million each subsequent year. In order to participate in the alternative voluntary redevelopment program, the City is required to enact an ordinance to comply with Part 1.9 of Division 24 of the California Health and Safety Code by October 1, 2011. However, the City can adopt a non-binding resolution of intent to enact the ordinance and extend the deadline to November 1, 2011. The California Redevelopment Association and League of California Cities filed a lawsuit in the California Supreme Court challenging the constitutionality of this legislation and seeking an immediate stay of both bills. On August 11, 2011, the California Supreme Court agreed to review the petition and stayed specified portions of the legislation, indefinitely postponing certain provisions' effectiveness. Legal counsel is recommending that the City preserve its options by proceeding with the adoption of both the Agency Resolution establishing the Enforceable Obligation Payment Schedule, as well as the City Council Resolution declaring its intention to enact a Continuation Ordinance. While this matter is being considered in court, the Agency can continue with its "enforceable obligations"; however, no new agreements, amendments to existing agreements, disposition of assets (except per existing enforceable obligations), etc. are permitted. The stay will remain in effect until the court issues a decision, which is expected by January 15, 2012. The State Department of Finance recently released the official remittance amounts due from each redevelopment agency for FY 2011-12 pursuant to ABX1 27. The Community Redevelopment Agency of the City of Santa Ana's (Agency) amount is $20,489,170. If the continuation ordinance is enacted, this amount is due in two equal payments on January 15, 2012 and May 15, 2012. The remittance amount thereafter is approximately $5 million annually. However, as provided by the legislation, the Agency filed an appeal on August 15, 2011 with the California Department of Finance regarding the "opt-in" remittance amount. It has been determined that there were 96 successful property tax assessment appeals that were filed and resolved for FY 2008-09, resulting in an estimated appeals refund totaling $741,995. As the majority of the successful appeals were not resolved by the County of Orange until 2009 and 2010, this information was not available at the time the Agency was required to submit the 2008-09 State Controller's Report. Factoring this into the state's formula may result in a decrease in the initial base year remittance amount by as much as $350,000. Many cities/counties are also expected to file appeals. Therefore, it cannot be assured that the state will not make further adjustments to the calculations that will affect the estimated remittances. The State Director of Finance has until September 15, 2011 to reject or approve the appeal, and may also extend the decision deadline until October 15, 2011. The Department of Finance has indicated it will review appeals and issue advisory opinions pending the California Supreme Court-issued partial stay on the petition challenging the constitutionality of ABX1 26 and 27. 8OA-2 Resolutions Pursuant to ABX1 26 & ABX1 27 August 24, 2011 Page 3 It is estimated that the Agency stands to receive approximately $728.22 million ($294.41 million net present value) in net tax increment revenues over the remaining life of the merged project area by participating in the voluntary continuation program. Given that Santa Ana's redevelopment efforts significantly contribute to much-needed economic and physical community revitalization, affordable housing development, and the general enhancement of our city, it is recommended that the Agency continue to take the necessary steps to implement ABX1 27. The tentative schedule for the other required components of ABX1 27 include: September 6, 2011 for the first reading of the Continuation Ordinance; and September 19, 2011 for the second reading of the ordinance. FISCAL IMPACT There is no fiscal impact associated with this action. Sandi Gottlieb Redevelopment Project Manager Community Development Agency NTE/SG/mlr Exhibits: 1. Council Resolution of Intent to Enact an Ordinance 2. CRA Resolution Establishing an Initial EOPS 8OA-3 8/9/11 LES RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO ENACT AN ORDINANCE WHEREBY THE CITY SHALL ELECT TO COMPLY WITH AND PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM CONTAINED IN PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of the City of Santa Ana conclusively finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana ("Agency") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Santa Ana ("City„). B. The Agency is engaged in activities necessary and appropriate to carry out the Redevelopment Plan for the Merged Project Area ("Redevelopment Project") which was adopted by and through a series of ordinances of the City Council, which ordinances approved a redevelopment plan, as amended periodically, all in compliance with the requirements of the CRL. C. Parts 1.8, 1.85 and 1.9 of Division 24 of the Health and Safety Code were added to the CRL by ABX1 26 and ABX1 27, which measures purport to become effective immediately. ABX1 26 and ABX1 27, which are trailer bills to the 2011-12 budget bills, were approved by both houses of the Legislature on June 15, 2011, and signed by the Governor on June 28, 2011. D. Part 1.85 of the CRL ("Part 1.85") provides for the statewide dissolution of all redevelopment agencies, including the Agency, as of October 1, 2011, and provides that, thereafter, a successor agency administer the enforceable obligations of the Agency and otherwise wind up the Agency's affairs, all subject to the review and approval of an oversight committee. E. Part 1.8 of the CRL ("Part 1.8") provides for the restriction of activities and authority of the Agency in the interim period prior to dissolution to certain "enforceable obligations" and to actions required for the general winding up of affairs, preservation of assets, and certain other goals delineated in Part 1.8. EXHIBIT 1 8OA-4 8/9/11 LES F. The dissolution of the Agency would be detrimental to the health, safety, and economic well-being of the residents of the City and cause irreparable harm to the community, because, among other reasons, the redevelopment activities and projects made possible, implemented, and funded by the Agency are highly significant and of enduring benefit to the community and the City, and are a critical component of its future. G. Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency may continue in operation if a city or county that includes a redevelopment agency adopts an ordinance agreeing to comply with and participate in the Alternative Voluntary Redevelopment Program established in Part 1.9 ("Program"). H. As a condition of the Agency's continued existence and operation of its redevelopment agency, the City is required to make certain annual remittances to the county auditor-controller pursuant to Chapter 3 of Part 1.9, beginning with a larger upfront remittance for the 2011-2012 fiscal year ("First Remittance"), to be paid in two equal installments on January 15, 2012 and May 15, 2012. 1. The City and Agency expect that there will be sufficient moneys and revenues to fund an amount equal to the City's payment of the First Remittance and further expect to have sufficient moneys and revenues to fund the subsequent annual remittances required by Part 1.9. J. The City's needs are such that it can commit to spend the funds received from the Agency pursuant to the Agreement to Transfer Tax Increment (defined below) to finance activities within the Redevelopment Project that are related to accomplishing the goals of the Redevelopment Project. K. The City intends to adopt the ordinance required by Part 1.9, in order to allow the Agency to continue in operation and performing its functions ("Ordinance"). L. The City intends to adopt the Ordinance and desires to forestall the dissolution of the Agency until November 1, 2011 to allow the City sufficient time to enact the Ordinance. M. The City and Agency desire to enter into an agreement pursuant to CRL Section 34194.2 whereby the Agency shall make an initial transfer of a portion of its tax increment to the City in an amount equal the First Remittance, and thereafter to transfer amounts of tax increment equal to any subsequent remittance which the City is required to make to the county auditor-controller pursuant to the City's participation in the Program ("Agreement to Transfer Tax Increment"). 2 EXHIBIT 1 8OA-5 8/9/11 LES N. The City is aware that the validity, passage, and applicability of ABX1 26 and ABX1 27 may become the subject of a judicial challenge. 0. The City, by the adoption of this resolution, does not represent, disclaim, or take any position whatsoever on the issue of the validity of ABX1 26 or ABX1 27, but rather the City seeks to comply with the Constitution and laws of the State of California, including Part 1.9, in order to preserve the ability of the Agency to continue to operate and thereby benefit the community. P. The City has duly considered all other related matters and has determined that the City's participation in the Program is in the best interests of the City, the Agency, and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE AS FOLLOWS: Section 2. The foregoing Recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 3. Pursuant to CRL Section 34193(b), the City hereby expresses its intent to adopt the Ordinance to comply with Part 1.9. This resolution is that "nonbinding resolution of intent" referred to in CRL Section 34193(b) and shall be interpreted and applied in all respects in accordance with such section and Part 1.9, to the fullest extent permitted by law. Section 4. On or before October 1, 2011, the City Manager, or his designee, is hereby authorized and directed to notify the county auditor, the State Department of Finance, and the Controller of the State concerning the resolution, in accordance with Section 34193(b). Section 5. The City Attorney, or his designee, is hereby authorized to bring or join an action in the Superior Court pursuant to CRL Sections 33500 and 33501 to determine the validity of the ordinance referred to in this resolution, or the validity of any bonds contemplated to be issued by the agency or other material contracts of the Agency, or any findings of the City Council related thereto, upon the determination of the City Manager that such action is reasonably necessary or appropriate to facilitate the consummation of any agency transaction for which governing board approval has been given. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 3 EXHIBIT 1 8OA-6 8/9/11 LES ADOPTED this day of 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka Interim City Attorney By: Lisa E. Storck Assistant City Attorney AYES: NOES: Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the City Council of the City of Santa Ana on 2011. Date: Clerk of Council City of Santa Ana 4 EXHIBIT 1 8OA-7 8/9/11 LES RESOLUTION NO. 2011- A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ESTABLISHING AN INITIAL ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO ASSEMBLY BILL NUMBER ABX1 26 BE IT RESOLVED BY THE MEMBERS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The Community Redevelopment Agency of the City of Santa Ana conclusively finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana ("Agency") is a community redevelopment agency organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Santa Ana ("City"). B. The City approved and adopted the Redevelopment Plan for the Merged Project Area (the "Redevelopment Plan") as amended periodically, covering properties within the City (the "Project Area") in compliance with the requirements of the CRL. C. Since the dates of adoption of the Redevelopment Plan, the Agency has undertaken redevelopment projects in the Project Area to reduce and/or eliminate blight, improve public facilities and infrastructure, renovate and construct affordable housing, enter into partnerships with private industries to create jobs and develop local job opportunities, and alleviate deficiencies in public infrastructure. D. The Agency hopes, over the next few years, to continue to implement a variety of redevelopment projects and programs to continue to reduce/eliminate blight, improve public facilities and infrastructure, renovate and construct affordable housing, enter into partnerships with private industries to create jobs and develop local job opportunities, and alleviate deficiencies in public infrastructure. E. As part of the 2011-2012 State budget bill, the California Legislature has recently enacted and the Governor has signed, companion bills Assembly Bill X1 26 and Assembly Bill X1 27 ("ABX1 26" and "ABX1 27" respectively) requiring that each redevelopment agency ("agency/ies") be dissolved unless the community that created it enacts an ordinance committing it to making certain payments. F. ABX1 26 prohibits agencies from taking numerous actions, requires all agencies to wind down their affairs effective immediately, and provides that agencies are deemed to be dissolved as of October 1, 2011, unless the agencies are extended through compliance with the requirements of ABX1 27. 1 EXHIBIT 2 8OA-8 8/9/11 LES G. As part of the winding down process, all agencies are required to file a schedule of "enforceable obligations" that require payments to be made through the end of the calendar year 2011. H. Under the threat of dissolution pursuant to ABX1 26, and based upon the contingencies and reservations set forth herein, the Agency establishes the Enforceable Obligation Payment Schedule ("EOPS") to be able to continue redevelopment activities that were begun prior to the effective date of ABX1 26 (see EOPS attached hereto and incorporated herein as Exhibit A). 1. The Agency reserves the right to appeal any determination of the California Director of Finance or other entity regarding the propriety of requiring this resolution as well as any future determinations. J. The Agency is aware that an action challenging the constitutionality of ABX1 26 and ABX1 27 has been filed on behalf of cities, counties, and redevelopment agencies. Further, the Agency reserves the right, regardless of any actions taken pursuant to this resolution, to challenge the legality of ABX1 26 and ABX1 27 and seek reimbursement for compliance costs of this state-mandated program. K. The Agency currently intends to comply with the state-mandated obligations established hereunder, they shall all be made under protest and without prejudice to the Agency's right to recover such amounts and interest thereon, to the extent there is a final determination that ABX1 26 and ABX127 are unconstitutional or otherwise infirm, including state-mandated costs for complying with the establishment of the EOPS attached hereto, and any amendments thereto. L. To the extent a court of competent jurisdiction enjoins, restrains, or grants a stay on the effectiveness of the Alternative Voluntary Redevelopment Program's payment obligation of ABX1 26 and ABX1 27, the Agency shall not be obligated to file the EOPS or comply with the terms and conditions of ABX1 26 and ABX1 27 for the duration of such injunction, restraint, or stay, and this resolution shall not be construed as any waiver or disclaimer of its rights with respect to such injunction, restraint or stay. M. The applicability of the attached EOPS is contingent upon the applicability of Part 1.8 of ABX1 26 to the Agency. Section 2. The attached Enforceable Obligation Payment Schedule (Exhibit A) establishes those obligations which the Community Redevelopment Agency of the City of Santa Ana has binding commitments that it has entered into and includes legal commitments that it is obligated to enter into before January 1, 2012, to meet the pre-existing commitments of contracts and obligations that were established prior to the effective date of ABX1 26. Section 3. The Executive Director of the Agency, or her/his designee ("Executive Director"), is directed to file this Enforceable Obligation Payment Schedule in the manner required by law. The Executive Director is further authorized to withhold filing this resolution and the Enforceable Obligation Payment Schedule in the event of a stay, injunction, or other Court 2 EXHIBIT 2 8OA-9 8/9/11 LES order which delays or prevents the implementation of ABX1 26 or any similar legislative act mandating the filing of this Enforceable Obligation Payment Schedule established herein. Section 4. The Executive Director is hereby authorized to take steps to perfect a claim for mandate relief pursuant to the steps required by the Agency to implement ABX1 26 and ABX1 27 or similar legislation. Section 5. The Executive Director is further authorized and directed to post the Enforceable Obligation Payment Schedule on the Agency's website and to notify the county auditor-controller, the California Department of Finance, and the Controller of the State concerning this Resolution, the Enforceable Obligation Payment Schedule, and its online publication. Section 6. This Resolution shall take effect immediately upon its adoption by the Agency Board, and the Agency Secretary shall attest to and certify the vote adopting this Resolution. 3 EXHIBIT 2 80A-10 8/9/11 LES ADOPTED this day of 2011. Miguel A. Pulido Chair APPROVED AS TO FORM: Joseph Straka, Interim General Counsel By: Lisa E. Storck Assistant Counsel AYES: Boardmembers: NOES: Boardmembers: ABSTAIN: Boardmembers: NOT PRESENT: Boardmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Secretary of the Agency, do hereby attest to and certify the attached Resolution No. 2011- to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on , 2011. Date: Secretary, Community Redevelopment Agency 4 EXHIBIT 2 8OA-11 V i cTi N Q c 61 c vm o? N U E m z S d iM b V e to go r i H 10 mN Q m CL n ?`?"p 1 0 N N Y O pp O N O 8 O O 8 O X10 8 N N M M VO', N O N A pO 8 LO p ip ac O 0 N M 0 0 op op O ' ? 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