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SR - RES-SAORA-013 - OBLIGATION PAYMENT SCHEDULEo; �a cb�;ri crti AGENDA ITEM February 11, 2014 :71 TO: Honorable Mayor and City Council Members of the Successor Agency to the Orange Redevelopment Agency THRU: John W. Sibley City Manager FROM: Lisa L. Kim Economic Development Manager ReviewedNerified By: City Manager Finance Directo , To Be Presented Lisa Ki X Cons Calendar VCity Mgr Rpts Council Reports _ Legal Affairs Boards /Crates _ Public Hrgs Admin Reports Plan /Environ 1. SUBJECT Resolution No. SAORA -013 — A Resolution of the Successor Agency to the Orange Redevelopment Agency approving a Recognized Obligation Payment Schedule and related Administrative Budget for the period covering July 1, 2014 through December 31, 2014 pursuant to Section 34177(I)(2)(A) of the California Community Redevelopment Law. 2. SUMMARY Approval of the Recognized Obligation Payment Schedule and related Administrative Budget for the period covering July 1, 2014 through December 31, 2014 (ROPS 14 -15A) and authorize the transmittal of ROPS 14 -15A and related Administrative Budget to the Oversight Board pursuant to Assembly Bill 1484. 3. RECOMMENDED ACTION Approve Resolution No. SAORA -013 and direct Successor Agency Clerk to record previously stated City Council abstentions and reasons therefore as part of the minutes; and, 2. Direct staff to transmit ROPS 14 -15A and related Administrative Budget to the Oversight Board of the Successor Agency to the Orange Redevelopment Agency. 4. FISCAL IMPACT The preparation and submittal of ROPS 14 -15A is for the purpose of allowing the Successor Agency to pay its enforceable obligations for the period from July 1, 2014 through December 31, 2014. Items listed on the ROPS 14 -15A will be included in the City's FY 14 -15 Annual Budget. The ROPS 14 -15A shall become operative after it is approved by the Oversight Board and the State of California Department of Finance. SAORA ITEM 33 ) 1 2/11/14 5. STRATEGIC PLAN GOAL (S) 1. Provide for a safe community a. Provide staffing and resources to deliver services that ensure public safety. 2. Be a fiscally healthy community. a. Expend fiscal resources responsibly. 6. GENERAL PLAN IMPLEMENTATION Not applicable. 7. DISCUSSION and BACKGROUND Background The enactment of Assembly Bill 1484 ( "AB 1484 ") also known as the Redevelopment Budget Trailer Bill created obligations and deadlines for redevelopment wind -down activities, including specific language in Health and Safety Code Section 34177(m) with regard to preparation and approval of the Recognized Obligation Payment Schedule ( "ROPS "). The ROPS lists all legally binding and enforceable agreements or contracts of the former Orange Redevelopment Agency for each six month period, including those necessary for the continued administration of the Successor Agency to wind down the former Agency. Discussion The State Department of Finance ( "DOF ") continues to modify the new web -based application for submission of a ROPS. The new application called the Redevelopment Agency Dissolution Web Application ( "RAD ") was established in ROPS 13 -14B. The latest RAD includes modifications to the new ROPS template for the period covering July 1, 2014 through December 31, 2014 ( "ROPS 14 -15A ") as follows: 1. ROPS Detail Form: Retired enforceable obligations are no longer listed on this form. 2. Prior Period Adjustments Form ( "PPA'): The form has not changed. The PPA identifies actual and available funding from a prior period ROPS. Any unspent funds will be calculated to offset for the current ROPS. An example for ROPS 14 -15A would review PPA of actual and available funding from ROPS 13 -14A. 3. Report of Fund Balances Form changed to Report of Cash Balances: This new form replaced the prior Report of Fund Balance. The new form requires the Agency to report the cash balances for each funding source in accordance with HSC section 34177(1). Deadline to submit ROPS 14 -15A In order to comply with AB 1484 and the upcoming March 1, 2014 deadline, it is recommended that the Successor Agency approve ROPS 14 -15A and related Administrative Budget and transmits these documents to the Oversight Board for approval. DOF has indicated late ROPS submission would be subject to penalties set forth in Health and Safety Code 34177(m)(2). The penalty affects the entity that created the redevelopment agency which is subject to a penalty in an amount equal to $10,000 per day for every day the ROPS is not submitted to DOF. SAORA ITEM 2 2/11/14 8. ATTACHMENTS • Resolution No. SAORA -013 • Recognized Obligation Payment Schedule and Administrative Budget for the July 1, 2014 to December 31, 2014 Period (ROPS 14 -15A) NASTAFF REPORTS\2014 \021114a_ROPS 1415A (ROPS6).doc SAORA ITEM 3 2/11/14 RESOLUTION NO. SAORA - 013 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND RELATED ADMINISTRATIVE BUDGET FOR THE PERIOD COVERING JULY 1, 2014 THROUGH DECEMBER 31, 2014 PURSUANT TO SECTION 34177(l)(2)(A) OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW. WHEREAS, Assembly Bill xl 26 ( "AB 26 ") and AB xl 27 were passed by the State Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and WHEREAS, among other things, AB 26 amended Sections 33500, 33501, 33607.5 and 33607.7 of the California Health and Safety Code and added Part 1.8 and Part 1.85 of Division 24 to the California Health and Safety Code; and WHEREAS, by enactment of Part 1.85 of Division 24 of the California Health and Safety Code, subject to all reservations herein stated, the Orange Redevelopment Agency (the "Agency ") was dissolved as of February 1, 2012; and WHEREAS, Assembly Bill 1484 ( "AB 1484 ") was passed by the State Legislature on June 27, 2012 and signed by the Governor on June 27, 2012 which adds and amends certain provisions contained in AB 26, including the process for adopting Recognized Obligation Payment Schedules; and WHEREAS, California Health and Safety Code Section 34173(a) designates successor agencies as successor entities to former redevelopment agencies; and WHEREAS, on January 10, 2012, by Resolution No. 10625, the City of Orange declared itself as the successor agency (the "Successor Agency ") upon the dissolution of the Agency, subject to all reservations stated in such resolution; and WHEREAS, the ROPS identifies each enforceable obligation on which payments will be required and identifies the minimum payment amounts and due dates of payments required by each such enforceable obligation; and WHEREAS, California Health and Safety Code Section 34177(1) provides that a successor agency must prepare a Recognized Obligation Payment Schedule (ROPS) for every six -month period thereafter; and WHEREAS, California Health and Safety Code Section 341770) provides that a successor agency must prepare an administrative budget concurrently with a ROPS for every six - month period thereafter; and NOW, THEREFORE, the Governing Board of the Successor Agency to the Orange Redevelopment Agency (the "Successor Agency ") hereby resolves, finds and determines, on the