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Home My WebLink AboutSA AG PKT 2015-10-12 #3 SUCCESSOR AGENCY TO THE CITY OF SEAL (BEACH REDEVELOPMENT AGENCY AGENDA STAFF REPORT DATE: October 12, 2015 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 JANAURY 1, 2016 THROUGH JUNE 30, 2016 SUMMARY OF REQUEST: That the Board of Directors of the Successor Agency to the City of Seal Beach Redevelopment Agency adopt Resolution No. SA15-02 approving the ROPS for the six-month fiscal period commencing on January 1, 2016 through June 30, 2016 (ROPS 15-16B). 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 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 15-16B is October 5, 2015. 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 the Successor Agency does not Agenda Item 3 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 the 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." The Oversight Board met on September 23, 2015 and approved the Administrative Budget and the ROPS. All documents were submitted to the Department of Finance, the State Controller's Office, and the County of Orange on September 28, 2015. ENVIRONMENTAL IMPACT: There is no environmental impact associated with adoption of the attached Resolution. LEGAL ANALYSIS: General Counsel has reviewed and approved as to form, FINANCIAL IMPACT: Preparation of the ROPS 15-16B will facilitate the receipt of funding required for the Successor Agency to pay enforceable obligations of the former redevelopment agency. RECOMMENDATION: That the Board of Directors of the Successor Agency to the City of Seal Beach Redevelopment Agency adopt Resolution No. SA15-02 approving the ROPS for the six-month fiscal period commencing on January 1, 2016 through June 30, 2016 (ROPS 15-16B). Page 2 SUBMITTED BY��1-- NOTED AND APPROVED: ,., u. • J&0nm Victoria L. Beatley J II . Ingram, Executi e %rector Director of Finance Attachments: A. Resolution No. SA15-02 B. ROPS 15-16B Page 3 RESOLUTION NUMBER SA15-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE CITY OF SEAL BEACH REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 FOR THE SIX-MONTH FISCAL PERIOD COMMENCING JANUARY 1, 2016 AND ENDING JUNE 30, 2015, 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 ("ROPS") before each six-month fiscal period (commencing each January 1 and July 1) and submit each proposed ROPS to the Oversight Board for the Successor Agency (the "Oversight Board")for approval. B. Pursuant to Health and Safety Code Section 34177(I)(2)(C) and (m), the Successor Agency must (1) submit the Oversight Board-approved ROPS for the six- month fiscal period from January 1, 2016 through June 30, 2016 ("ROPS 15-16B"), to the DOF, the Office of the State Controller, and the County Auditor-Controller no later than 90 days before the next scheduled Redevelopment Property Tax Trust Fund disbursement date in January 2016; and (2) post a copy of the Oversight Board- approved ROPS 15-16B on the Successor Agency's website. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY ("SUCCESSOR AGENCY"), HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34177. Section 3., The Board hereby approves the ROPS substantially in the form attached as Exhibit A to this Resolution and incorporated herein by reference. The Executive Director of the Successor Agency, in consultation with the Successor Agency's legal counsel, may modify the ROPS 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. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency at a meeting held on the 121h day of October, 2015. AYES: Board Members: NOES: Board Members: ABSENT: Board Members: ABSTAIN: Board Members: Mayor/Chair Resolution Number SA15-02 ATTEST: Acting City Clerk/Secretary STATE OF CALIFORNIA COUNTY OF ORANGE )SS CITY OF SEAL BEACH I, Tina Knapp, Secretary to the Successor Agency to the Seal Beach Redevelopment Agency, hereby certify that the foregoing resolution is the original copy of Resolution N'Umber A15-02 is on file in the office of the City Clerk, passed, approved, and adopted by the Board of directors of the Successor Agency, held on the 12 zh day of October, 2015. Acting City Clerk/Secretary 0 e 7 C f� yyLL.. y U. Y 9 IL g U. loci LL N ` L _ IL C 7 W 9 C�C 9 dl.on LL ir(11 4 LL W 1! m LL U. 0 1 gLLoo � 8 Y m LL E v O A a a W V1 W F W J Q 3 rs V Is ,� Z Q m U O W LL a m m � J 2 = a O fi CO CL G-e gj 0 00 C.2 0 Le !J11i i aka 5$� 8 0 1 1 1 1111H ig 15 15 jij .19 a .h � !9 N C m, JR c - E'', d E p. 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