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HomeMy WebLinkAboutCC AG PKT 2013-09-23 #SA3SUCCESSOR AGENCY TO THE CITY OF SEAL BEACH REDEVELOPMENT AGENCY AGENDA STAFF REPORT DATE: September 23, 2013 TO: Honorable Chair and Board Members THRU: Jill R. Ingram, Executive Director FROM: Victoria L. Beatley, Director of Finance SUBJECT: RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD OF JANUARY 1, 2014 THROUGH JUNE 30, 2014 SUMMARY OF REQUEST: That the Governing Board of the Successor Agency to The City of Seal Beach Redevelopment Agency adopt Resolution No. SA13 -04 approving the ROPS for six -month Fiscal period commencing on January 1, 2014 through June 30, 2014 (ROPS 13 -14B). BACKGROUND AND ANALYSIS: Pursuant to Part 1.85 of Division 24 of the California Health and Safety Code (the Redevelopment Dissolution Law), the Successor Agency must prepare a Recognized Obligation Payment Schedule (ROPS) for each six -month fiscal period (commencing each January 1 and July 1), listing the payments to be made by the Successor Agency during such period. All ROPS must be approved by the Oversight Board. Furthermore, each Oversight Board - approved ROPS must be submitted to the State Department of Finance (DOF) for review. The statutory deadline to submit the Oversight- approved ROPS 13 -14B is October 4, 2013. (However, the DOF has indicated that it wants successor agencies to submit ROPS 13 -14B by October 1, 2013.) If the Successor Agency does not submit an Oversight Board - approved ROPS by the statutory deadline, the City of Seal Beach will be subject to a civil penalty of $10,000 per day for every day that the ROPS is not submitted to the DOF. The penalty is to be paid to the County Auditor- Controller for distribution to the taxing entities. If the Successor Agency does not timely submit a ROPS, creditors of the successor agency, the DOF, and affected taxing entities may request a writ of mandate to require the Successor Agency to immediately perform this duty. Additionally, if Agenda Item 3 the Successor Agency does not submit a ROPS within 10 days of the statutory deadline, the Successor Agency's administrative cost allowance for that period will be reduced by 25%. If the Successor Agency fails to submit an Oversight Board-approved ROPS to the DOF within five business days of "the date upon which the ROPS is to be used to determine the amount of property tax allocations," the DOF may determine whether the County Auditor-Controller should distribute any of property tax revenues to the taxing entities, or whether any amount should be withheld for enforceable obligations pending approval of the ROPS. It is not clear what is "the date upon which the ROPS is to be used to determine the amount of property tax allocations." There is no environmental impact associated with adoption of the attached Resolution. General Counsel has reviewed and approved as to form. FINANCIAL IMPACT: Preparation of the ROPS 13-14B will facilitate the receipt of funding required for the Successor Agency to pay enforceable obligations of the former redevelopment agency. It is recommended that the Board of Directors of the Successor Agency to the City of Seal Beach Redevelopment Agency adopt Resolution No. SA13-04, approving the Recognized Obligation Payment Schedule (ROPS) for the six- month fiscal period commencing on January 1, 2014 and ending on June 30, 2014. Attachment: A. Resolution No. SA1 3-02 I ilk M 9 A by.110 I DY.11 ZI rill b-lh �� 15121 6, P! FA LVM=_ RESOLUTION NUMBER SA1 3~04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE COFf OF SEAL BEACH REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS)PUFKSWANT TO HEALTH AND SAFETY CODE SECTION 341TT FOR THE SIX- MONTH FISCAL PERIOD COMMENCING JANUARY i. 2014 AND ENDING JUNE 3V.2014, AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RECITALS: A. Pursuant to Health and Safety Code Section 34177(1), the Successor Agency to the City of Seal Beach Redevelopment Agency (the "Successor Agency") must prepare a proposed Recognized Obligation Payment Schedule (^RDPS^) before each six-month fiaoe| period (commencing each January 1 and July 1) and submit each proposed ROPS ko the Oversight Board for the Successor Agency (the "Oversight Bmavd^) for approval. B. Pursuant to Health and Safety Code Section 34177(|)(2XC) and (m), the Successor Agency must (1) submit the Oversight Board-approved ROPS for the six-month fimce| period from January 1. 2014 through June 30. 2014 (''ROPS 13-14B^), to the OOF. the Office of the State Controller, and the County Auditor-Controller no later than 90 days bohavu the next scheduled Redevelopment Property Tax Trust Fund disbursement date cJJanuary 2.2O14; and (2) post o copy of the Oversight Board-approved ROPS 13-14B on the Successor Agency's wmbsitn. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY (^SUCCESSDR AGENCY~), HEREBY FINDS, DETERk8|NES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive pert of this Resolution. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34177. {eXctkUl3' The Board hereby approves the R0PS substantially in the form attached as Exhibit A to this Resolution and incorporated herein by reference, The Executive Director of the Successor Agenoy, in consultation with the Successor Agency's legal nounoe|, may modify the R[}PS as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable Section 4. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including, but not limited to, submitting the ROPS to the oversight board for approval, and any such actions previously taken by such officers and staff are hereby ratified and confirmed. (intentionally Left blank) Resolution Number SA13 -04 PASSED, APPROVED and ADOPTED by the Successor Agency to the Seal Beach Redevelopment Agency at a regular meeting held on the 23rd day of September , 2013 by the following vote: AYES: Board Members ABSTAIN: Board Members Chair /Mayor ATTEST: Secretary/City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, Secretary of the Successor Agency to the Seal Beach Redevelopment Agency, do hereby certify that the foregoing resolution is the original copy of Resolution Number SA13 -04 on file in the office of the City Clerk of the City of Seal Beach, passed, approved, and adopted by the Successor Agency to the Seal Beach Redevelopment Agency at a regular meeting held on the 23rd day of September 2013. Secretary/City Clerk CR CC G O] O � N M U) ° C: m O 7 -c � o) Lo U (n v C o EZ a� C O m A a) O O LL a d N �c 0 0 NNU Li. 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