HomeMy WebLinkAbout03 ADOPT RESOLUTION NO. 18-01 APPROVING ROPSAgenda Item
AGENDA REPORT
Oversight Board of the Successor Agency to the
Tustin Community Redevelopment Agency
MEETING DATE: JANUARY 23, 2018
SUBJECT/ACTION: ADOPT OVERSIGHT BOARD RESOLUTION NO. 18-01,
APPROVING THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE 18-19 FOR THE PERIOD OF JULY 2018
THROUGH JUNE 2019
RECOMMENDATION / PROPOSED ACTION
It is recommended the Oversight Board of the Successor Agency to the Tustin Community
Redevelopment Agency adopt Oversight Board Resolution No. 18-01, approving the
Recognized Obligation Payment Schedule 18-19 ("ROPS 18-19") for the period of July 1,
2018 through June 30, 2019, and authorize submission of ROPS 18-19 to the Department
of Finance ("DoF") by February 1, 2018, 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 18-19; and
b) Should any subsequent modifications be required to ROPS 18-19, 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 1 X 26; the "Dissolution Act", as modified by the California Supreme Court's
decision in California Redevelopment Association, et al. v. Matosantos ("Matosantos"),
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(0), 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
during the one-year period, as long as it occurs before October 1 st. These requirements
became effective on January 1, 2016.
Agenda Report
January 23, 2018
Page 2
As a result, the Successor Agency has prepared ROPS 18-19 for the period of July 1,
2018 through June 30, 2019. ROPS 18-19 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(1)(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 18-19 includes a report of Cash Balances, which includes the expenditures for
ROPS 15-16 during the period of July 1, 2015 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. 18-01
OVERSIGHT BOARD RESOLUTION NO. 18-01
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY
REDEVELOPMENT AGENCY APPROVING THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE 18-19
CROPS 18-19") 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, et
seq. ("CRL") and previously authorized to transact business and exercise the powers of
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 California Redevelopment Association V.
Matosantos, Case No. S194861, the California Supreme Court upheld the Dissolution
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 18-01
Page 1 of 3
On . January 16, 2018, the Successor Agency approved the Recognized Obligation
Payment Schedule 18-19 ("ROPS 18-19") for the, period of July 1, 2018 through June
30, 2019; and
J. The Oversight Board has duly considered all other related matters and has determined
that the Board's approval of ROPS 18-19 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 18-19 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 23rd day of January, 2018.
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 18-01
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. 18-01 was duly passed and adopted at a regular meeting of the
Oversight Board, held on the 231d day of January, 2018, 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 18-19 (July 2018'- June 2019)
Oversight Board Resolution 18-01
Page 3 of 3
ATTACHMENT NO. 1
RECOGNIZED OBLIGATION PAYMENT SCHEDULE 18-19
(July 2018 — June 2019)
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