Loading...
HomeMy WebLinkAbout04 RECOGNIZED OBLIGATION PAYMENT SCHEDULE 2017-2018 Agenda Item _______ AGENDA REPORT Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency MEETING DATE: JANUARY 24, 2017 SUBJECT/ACTION: ADOPT OVERSIGHT BOARD RESOLUTION NO. 17-01, APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 17-18 FOR THE PERIOD OF JULY 2017 THROUGH JUNE 2018 RECOMMENDATION / PROPOSED ACTION It is recommended the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency adopt Oversight Board Resolution No. 17-01, approving the Recognized Obligation Payment Schedule 17-18 (“ROPS 17-18”) for the period of July 1, 2017 through June 30, 2018, and authorize submission of ROPS 17-18 to the Department of Finance (“DoF”) by February 1, 2017, subject to the following conditions: a) The Oversight Board and the Successor Agency reserve all rights to seek payment for any obligations removed by the DoF from ROPS 17-18; and b) Should any subsequent modifications be required to ROPS 17-18, the Executive Director and/or Finance Director, or their authorized designee, shall be authorized to make any augmentation, modification, additions or revisions as may be necessary subject to certification by the Oversight Board Chair. Note (: Pursuant to AB 1484-amended California Health and Safety Code (HSC) Section 34177(m), the above actions by the Oversight Board shall not become effective for forty- five (45) business days pending a review by the DoF. Within five business days of the DoF’s determination, the Successor Agency can request additional review by the DoF and an opportunity to meet and confer on disputed items.) BACKGROUND Assembly Bill 1X 26, the “Dissolution Act”, as modified by the California Supreme Court’s decision in [[560,2412,1894,2469][12][,I,][Arial]]California Redevelopment Association, et al. v. Matosantos [[1893,2412,1912,2469][12][,,][Arial]] [[1912,2412,2220,2469][12][,,][Arial]](“Matosantos ” [[2220,2412,2237,2469][12][,,][Arial]]) [[2237,2412,2263,2469][12][,,][Arial]], required the Successor Agency to prepare a Recognized Obligation Payment Schedule (ROPS) every six months. With the September 2015 passage of SB 107, HSC Section 34177 was amended to add 34177(o), revising the number of ROPS required during a fiscal year from two (2) six-month schedules to one (1) twelve month schedule. HSC Section 34177(o)(1)(E), does allow the Successor Agency to amend the ROPS once st during the one-year period, as long as it occurs before October 1. These requirements became effective on January 1, 2016. Agenda Report January 24, 2017 Page 2 As a result, the Successor Agency has prepared ROPS 17-18 for the period of July 1, 2017 through June 30, 2018. ROPS 17-18 lists all enforceable obligations that are legally binding and enforceable agreements or contracts of the former Tustin Community Redevelopment Agency including those necessary for the continued administration of the Successor Agency to wind down the former Agency. Pursuant to HSC Section 34177(l)(2)(B)), the Successor Agency is required to submit a copy of the ROPS to the County Administrative Officer, the County Auditor-Controller, and the DoF at the same time that the Successor Agency submits the ROPS to the Oversight Board for approval. Upon approval by the Oversight Board, a copy will be submitted to the County Auditor-Controller, the State Controller’s Office and the DoF and posted on the Successor Agency’s website. ROPS 17-18 includes a report of Cash Balances, which includes the expenditures for ROPS 15-16B during the period of January 1, 2016 through June 30, 2016. Authorization is requested to allow the Successor Agency’s Executive Director and/or Finance Director to augment, modify, add or revise the document as may be needed prior to submitting to the DoF. In addition, authorization is requested, in response to the DoF or County Auditor-Controller comments, to allow the Successor Agency’s Executive Director and/or Finance Director to augment, modify, add or revise the document as may be needed. Staff will be available to answer any questions the Oversight Board may have. Attachment: Oversight Board Resolution No. 17-01 OVERSIGHT BOARD RESOLUTION NO. 17-01 A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE 17-18 (“ROPS 17-18”) AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH The Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency finds, determines and declares as follows: A. The Tustin Community Redevelopment Agency (“Agency”) was established as a community redevelopment agency that was previously organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, [[2210,1062,2263,1117][12][,I,][Arial]]et (“CRL”) and previously authorized to transact business and exercise the powers of [[375,1117,465,1172][12][,I,][Arial]]seq. a redevelopment agency pursuant to action of the City Council (“City Council”) of the City of Tustin (“City”); and B. AB X1 26 (“AB26”) added Parts 1.8 and 1.85 to Division 24 of the California Health and Safety Code, which laws cause the dissolution and wind down of all redevelopment agencies (“Dissolution Act”); and C. On December 29, 2011, in the petition [[1331,1548,2264,1603][12][,I,][Arial]]California Redevelopment Association v. , Case No. S194861, the California Supreme Court upheld the Dissolution [[375,1603,623,1658][12][,I,][Arial]]Matosantos Act and thereby all redevelopment agencies in California are subject to the Dissolution Act and were dissolved as of and on February 1, 2012; and D. The Agency is now a dissolved community redevelopment agency pursuant to the Dissolution Act; and E. By a resolution considered and approved by the City Council at an open public meeting on January 17, 2012, the City chose to become and serve as the “Successor Agency” to the dissolved Agency under the Dissolution Act; and F. As of and on and after February 1, 2012, the City serves as the “Successor Agency” and will perform its functions as the Successor Agency under the Dissolution Act to administer the enforceable obligations of the Successor Agency and otherwise unwind the Successor Agency’s affairs, all subject to the review and approval by the seven- member Oversight Board formed thereunder; and G. Pursuant to Section 34179, the Successor Agency’s Oversight Board has been formed and the initial meeting has occurred on March 13, 2012; and H. Section 34179(e), as amended by Assembly Bill 1484 (“AB 1484”), requires all actions taken by the Oversight Board to be adopted by resolution; and Oversight Board Resolution 17-01 Page 1 of 3 I. On January 17, 2017, the Successor Agency approved the Recognized Obligation Payment Schedule 17-18 (“ROPS 17-18”) for the period of July 1, 2017 through June 30, 2018; and J. The Oversight Board has duly considered all other related matters and has determined that the Board’s approval of ROPS 17-18 and submission to the California Department of Finance is in the best interests of the City and Agency and in 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, BE IT RESOLVED BY A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY: Section 1. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 2. The Oversight Board approves ROPS 17-18 attached hereto as Attachment No. 1 and incorporated herein, and further authorizes the Successor Agency to transmit this Resolution to the County Auditor-Controller, the State Department of Finance (“DoF”), and the State Controller’s Office. Section 3. The Executive Director of the Successor Agency or his authorized designee is directed to post this Resolution on the City/Successor Agency website. Section 4. This Resolution adopted by the Oversight Board shall become effective no later than forty-five (45) business days after submission to the DoF, pending a review by the DoF. Within five business days of the DoF’s determination, the Successor Agency can request additional review by the DoF and an opportunity to meet and confer on disputed items. Section 5. The Secretary of the Oversight Board shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 24th day of January, 2017. Doug Davert, Chairman Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency ATTEST: Charles E. “Chuck” Puckett, Secretary Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency Oversight Board Resolution 17-01 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS CITY OF TUSTIN ) I, CHARLES E. “CHUCK” PUCKETT, Secretary of the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency, do hereby certify that the whole number of the members of the Agency Board is seven; that the above and foregoing Resolution No. 17-01 was duly passed and adopted at a regular meeting of the Oversight Board, held on the 24th day of January, 2017, by the following vote: BOARD MEMBER AYES: ________________________________ BOARD MEMBER NOES: ________________________________ BOARD MEMBERS ABSTAINED: ________________________________ BOARD MEMBERS ABSENT: ________________________________ _____________________________ Charles E. “Chuck” Puckett, Secretary Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency Attachment No. 1 – Recognized Obligation Payment Schedule 17-18 (July 2017 – June 2018) Oversight Board Resolution 17-01 Page 3 of 3 ATTACHMENT NO. 1 RECOGNIZED OBLIGATION PAYMENT SCHEDULE 17-18 (July 2017 – June 2018) E E O N 00 -0 r O ti a� rn N 00 CL C) ON o v CO N C D V O d o N CL o c� O iL N 7 cm O v C N N H 0 N 7 N (6 E mD z CO ER � M co co 00 (a ti co 00 0 r p E N N m A M co 00 r m N N H 0 N 7 N (6 E mD z CO E9 69 Cl) I I (o (O (O L co 00 Csi p E N N H V M co co Q r � — r 7 7 + U N N H 0 N 7 N (6 E mD z CO c� + o (D.0 + U + d.0) m w o O o N 3 a ' (D p N m p + fA C (6 CO O o0 LL p 0 K _ �+ 0 (D LL L E N U E (6 m y c Q p LL F (3 p L C U _ p ^ L _0 O m > t (� � +� N - O u% � ui ai LU 0 `� L m Nl t� 0 N 0 C > (6 . N U ON Co p 0 L V .� m p ? > d O G N fC c O O O -0 uo ami a Q O m OfO o � c o 0 cn LU U _ is c U (6 N Q m U 0 LU LL E mss" v o � 0 s aLL o Z o� - zz z z z z z z z 5O — O o sow x 3 r, a - .Pm o m oc o owo - _ -xa Ncc �", QmxE� _ mmv-_w3"aN'°o oN `o -O$ o5"UcmV.3 T..o o rnE .P vim o� b'm�°�m�� N'mm oQ� o _ w- m D c'¢ o a u'"i m w_ m q '- 0 0 o U 5 T5 a c c E m ` "' -_ m m - m3o w- u E o' u °° "' >> c D w i°n wTi �n u�� -oo c�Ooc Eo m_v rEo. w o o'wa 2 mo cm c `m .2 m _ymma°i'n �O� cV Z v E a a c tt °' o a o a ry o n a' o E - w @u"'Noo�¢�%'ov0=.�a,p5w m.v o m c w y w u'"i Q� (7 lo ° 13m E r a�P ui=wmm-"V o o _°c. �Z'ncEa' m°U o. o s�Ex Zio '°a5_ owU `w EmN o `m or�v o`o� �O° 46 o- o g 'c>�m¢�-Ooo r'oc c.E°v -° �mn�oQcr�SN 0 0 _ � °-'> m�2 - ,Q m�Z m c- m 3r oar a5 �� mb•~ m EL ° g E- -o o c° E v v o go oO o ,� m o oo r m m '° ra o =U �'r°am o ° r c '^ c c o Qo c- .. 3 'o m c_ - c a .. � x= - mQ U h m=' m� EmL o o. c ° oo r - o@ a o `oo._ `m r m �i o m 0 o.c�o.�vcwaEE3Nca�mm..�zm '� Tima�o m��m$rucm .�avT'°u m _ - vma'E co�'E m o� vm `wm `w �'�'rvEoNm w`c �"P 'w-�m cmUR xw QO1 Q°1� `o oo-- _ �7 w `RSa�?�r �o Z a`SR mo! o am `oy 3 xry Qmv UR xaQ 3.m m. >Oaa Qmttm mmry m- mo cm 3Um P o > nT S �'P � =w >Z - �o _o >� Z - - Il000 wm b 3 w .2 Q�u c _ m m a y° m m w o w mE o ��¢ U °z � ¢ Et'n Rm `y ob& o Eo W �oo c m E mm m $ $ $ CC C E to o. yo Oo m ° clil o �m C m C C O m p O =O - O 2 lo lo U _ ml I T� Om oN m lo lo of S r^ -6 h n m .m a o o .2 m N 2 w U a v .� a . O me _ F _ - c E E `� m F o m O o T m o is o v m m a 8v _ o E `o Zi w w ¢� c U sw E z aLL a.� x = -- a.2 aoE1 ~a -o N� om a - E` Eo o o o `m a U - U `m � K O3 Q E 3 - -------------------------- a � N a 0 ° A9 o m= � LL o K N K �-6 m O O . . . . . . . . . . . . . . . . . . . . . . . 7 7 . a x O d � E y N N U y � 0 = Z M s aLL � z a O K m aN O A ^ O d a c o L C Y �- NZ ttr C O o E y c T � O a E vz z z z z z z z zzzzzzzzzzzzzzzzzzzzzzzzzz c Q o _ `o x O a - 5n Do c 0 so 0 K c H a a a L ��ov-`° aav �aoo°m- �� amomLo ��LLo� o mEv -1.2t ova="= o o� �t _ ova ao�ov v >,tc - vLLTo a _ T, mo�ma ¢o `oma°o=�g�v2v �aa�ca ?�Qo5 naoo'q. O v� o 3 o m'S x mU Oc" v o>.03a>''o^- moov� -,� - ? L m pa v'Za mo ,ate` ai-ookt v -- - - g`Io o o�occtoc L.o o- N .o - vc�-'o o lo norm mo''o>-"�xcQm`u.= u.=oo o��3Vo�w °i .o n�c� vow pp .n� Q- y. m o w L m? �, o? a nU v _ m c o a o w �+ u o m'c`�p- v Z`OI >d1510cE� `c o_ a �-a�2 covac oo o. s ¢m 5 u E h 3 u ¢ U m ¢m o m _ m ¢' a' m m m° a m '3 ¢m v= `m u ry `m mac _v mm .x > o o ' r o - o x ,Q> 5 r p w E n y' ,Q� S r ¢' o - rE - a0a lo;,E �' >2 z o a Tn Tn . E SS > � '- C7 a ' w m� c -r om U U 0 0'>ov K Tuf "z° y m 0 o z =° ��$ E o o W �c m EoIN ` U, yoj0 O ¢ o m � Oo o U o o a Q U _ m� Oo y Q 12 U U - - - U m U m o oo w 'Z U m p 3o E E NZ Gm p _ ��� m aox K r .� m o`� �inQ �N om Ohi o_ _ Ivo- eo _ a o� P. av Z o c U c - o f o N c mom o m o `w ave U mo o y a u me �:N Hca QN - aa$'m .8 im iia rnu$'m -mud _ a oSo U) c cc m U) U 0 r- 0 CL J 0 � o a � @ % k� c k k / E M CL § � � � / U) $ \ } 0 of q 2 § \ E m § 3 E 3f �§ � \< \ G 2 LL z & � � a i i & \ / / p L E= w w J ¥ I \ E <{ E 2 3 2 § < z _ d = w 04 p G }) (D J � 0 _+ * 0 f _ Cf) q/ LL LLeae+ao ua=f=.= § §yam\%& ) _ U) > $/ k C/) C) \ � LL \\�70-2 \ Q- 2 � k _ \ § .k #G/ k 00 2 ® a , \{o 0 coatm U)\\ oo _ U) f \ 2 2 \ 0 _\ . � ©ƒ \R a \ \ % 2 E 2e % 2f � k /\ § 2 * m a� � 0- / eƒ E§ S }( I k� } k 2 o§ o — k = = m § _ = . e f � + §\[ 7 g0 L� k§k _ � � U) ]� § ° = o 2 ^ _ \ ] 2 f � f y E .2 -- LL � e 2 � � �� §}\ k j/� \\ < �0 § 2R/ $ ]{ �� �; _; $ a2< / � §2/ § a LO k _ » _ � $ m O §\ o X k $\\ 0 � 2 U)_ w of o & o a e & o n n o < 0_