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SR - RES-SAORA-022 - RECOGNIZED OBLIGATION PAYMENT SCHEDULE & ADMINISTRATIVE BUDGET JULY 1 2016 THROUGH JUNE 30 2017� OF ORS ro�nvri crti AGENDA ITEM January 12, 2016 TO: Honorable Chairperson and Directors of the Successor Agency to the Orange Redevelopment Agency THRU: Rick Otto City Manager FROM: Lisa L. Ki Economic Ivelopmen Manager ReviewedNerified City Manager Finance Director _ (/ To Be Presented By: Lisa Kim X Cons Calendar _ City Mgr Rpts Council Reports _ Legal Affairs Boards /Crates Public Hrgs Admin Reports Plan /Environ 1. SUBJECT Resolution No. SAORA -022 — A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving a Recognized Obligation Payment Schedule the fiscal period covering July 1, 2016 through June 30, 2017, pursuant to Health and Safety Code Section 34177 and taking certain related actions. Resolution No. SAORA -023 — A Resolution of the Governing Board of the Successor Agency to the Orange Redevelopment Agency approving the proposed Administrative Budgets for the six - month fiscal periods from July 1, 2016 through December 31, 2016 and from January 1, 2017 through June 30, 2017, and taking certain related actions. 2. SUMMARY Approval of the annual Recognized Obligation Payment Schedule and related Administrative Budget for the period covering July 1, 2016 through June 30, 2017 (ROPS 16 -17) and authorize the transmittal of ROPS 16 -17 and the related Administrative Budgets to the Oversight Board. 3. RECOMMENDED ACTION Approve Resolution No. SAORA -022 and direct Successor Agency Clerk to record previously stated City Council abstentions listed below and reasons therefore as part of the minutes: Councilmember Alvarez Line Item No. 27 -28 (Metrolink Parking Structure) due to property ownership in area. Line Item No. 73 (Tierra West) due to property ownership in area. Line Item No. 106 (Property Management) due to property ownership in area. Identified in prior ROPS 13 -14A as Line Item 30. SAORA ITEM 3. 11 1 01/12/16 2. Approve Resolution No. SAORA -023; and, 3. Direct staff to transmit ROPS 16 -17 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 16 -17 is for the purpose of allowing the Successor Agency to pay its enforceable obligations for the period from July 1, 2016 through June 30, 2017. Items listed on the ROPS 16 -17 will be included in the City's FY 16 -17 Annual Budget. The ROPS 16 -17 shall become operative after it is approved by the Oversight Board and the State of California Department of Finance. 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 Assembly Bill 113 (AB 113) provided additional amendments to obligations and deadlines for redevelopment wind -down activities, including specific language in Health and Safety Code Section 34177(o)(1) with regard to preparation and approval of the annual Recognized Obligation Payment Schedule ( "Annual ROPS ") covering the period July 1, 2016 to June 30, 2017 and for each period from July 1 to June 30 thereafter. The Annual ROPS lists all legally binding and enforceable agreements or contracts of the former Orange Redevelopment Agency for each fiscal -year 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) requires submission of the ROPS through the web -based application called the Redevelopment Agency Dissolution Web Application ( "RAD ") that was first established in 2013. The new Annual ROPS covers the period July 1, 2016 to June 30, 2017 (ROPS 16 -17). It is comprised of the following four sections: 1. Summary Section: This section summarizes funding totals carried forward from Current ROPS Period and the Prior Period Adjustments (PPA) from a prior period ROPS. 2. ROPS Detail Form: This section lists the Agency outstanding obligations, debts and payments due for the ROPS period by fund source. . a . SAORA ITEM 2 01/12/16 3. Report of Fund Balances Form changed to Report of Cash Balances: This form requires the Successor Agency to report all cash balances for each funding source in accordance with HSC section 34177(1). 4. Notes Form: The completion of this form is optional and available to Successor Agency to provide additional information associated with the ROPS Detail Form. The Prior Period Adjustments (PPA) Form has been temporarily removed from this ROPS to allow for the Annual ROPS transition. A new PPA form will be included in ROPS 18 -19. Overview of ROPS 16 -17 Following the RAD process for ROPS 16 -17, the estimated Redevelopment Property Tax Trust Fund ( "RPTTF ") to be disbursed is $8,941,710 subject to approval of the Oversight Board and DOF. Proposed Amount Requested Administrative Budget Estimated RPTTF ROPS 16 -17 Disbursement Amount RPTTF $8,691,710 $250,000 $8,941,710 Along with the preparations of the annual ROPS, the Successor Agency is required to prepare administrative budgets for the six -month fiscal periods from July 1, 2016 through December 31, 2016 and from January 1, 2017 through June 30, 2017. The proposed Administrative Budgets shall include the estimated amounts for Successor Agency administrative costs that are to be paid from property tax revenues deposited in the RPTTF. Deadline to submit ROPS 16 -17 In order to comply with AB 113 and the upcoming February 1, 2016 deadline, it is recommended that the Successor Agency approve ROPS 16 -17 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(o)(1). 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 DOE 8. ATTACHMENTS • Resolution No. SAORA -022 • Resolution No. SAORA -023 • Recognized Obligation Payment Schedule and Administrative Budget for the July 1, 2016 to June 30, 2017 Period (ROPS 16 -17) NAEconomic Development Files \STAFF REPORTS\2016 \11216d Annual ROPS 16- 17.doc SAORA ITEM 3 01/12/16 RESOLUTION NO. SAORA -022 A RESOLUTION OF THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE FISCAL PERIOD FROM JULY 1, 2016 THROUGH JUNE 30, 2017, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED ACTIONS WHEREAS, pursuant to Health and Safety Code Section 34177(o), the Successor Agency to the Orange Redevelopment Agency (the "Successor Agency ") must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2016 through June 30, 2017 ( "ROPS 16 -17 ") and submit ROPS 16 -17 to the oversight board of the Successor Agency (the "Oversight Board ") for approval; and WHEREAS, pursuant to Health and Safety Code Section 34177(1)(2)(B), at the same time that the Successor Agency submits ROPS 16 -17 to the Oversight Board for approval, the Successor Agency must submit a copy of such ROPS 16 -17 to the State Department of Finance (the "DOF "), the County administrative officer, and the County Auditor - Controller; and WHEREAS, pursuant to Health and Safety Code Section 34177(1)(2)(C) and Section 34177(o)(1), the Successor Agency must: (i) submit the Oversight Board - approved ROPS 16 -17 to the DOF, the Office of the State Controller, and the County Auditor - Controller no later than February 1, 2016, and (ii) post a copy of the Oversight Board - approved ROPS 16 -17 on the Successor Agency's website; NOW, THEREFORE, the Governing Board of the Successor Agency to the Orange Redevelopment Agency does hereby find, determine, resolve, and order as follows: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. ROPS 16 -17, substantially in the form attached hereto as Exhibit A , is hereby approved. The Executive Director of the Successor Agency, in consultation with the Successor Agency's legal counsel, may modify ROPS 16 -17 as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable. Section 3. Staff is hereby authorized and directed to submit a copy of ROPS 16 -17 to the Oversight Board for approval and, at the same time, transmit a copy of ROPS 16 -17 to the DOF, the County Auditor - Controller and the County administrative officer as designated by the County. Section 4. Staff is hereby authorized and directed to submit a copy of Oversight Board - approved ROPS 16 -17 to the DOF, the Office of the State Controller, and the County RESO NO. SAORA -022 RESOLUTION NO. SAORA -023 A RESOLUTION OF THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE ORANGE REDEVELOPMENT AGENCY APPROVING PROPOSED ADMINISTRATIVE BUDGETS FOR THE SIX - MONTH FISCAL PERIODS FROM JULY 1, 2016 THROUGH DECEMBER 31, 2016 AND FROM JANUARY 1, 2017 THROUGH JUNE 30, 2017, AND TAKING CERTAIN RELATED ACTIONS WHEREAS, pursuant to Health and Safety Code Section 341770), the Successor Agency to the Orange Redevelopment Agency (the "Successor Agency ") must prepare a proposed administrative budget for each six -month fiscal period (commencing each January 1 and July 1) and submit each proposed administrative budget to the oversight board of the Successor Agency (the "Oversight Board ") for approval; and WHEREAS, each proposed administrative budget shall include all of the following: (1) estimated amounts for Successor Agency administrative costs for the upcoming six -month fiscal period; (2) proposed sources of payment for the costs indentified in (1); and (3) proposals for arrangements for administrative and operations services provided by the City of Orange or another entity; and WHEREAS, pursuant to Health and Safety Code Section 34177(k), the Successor Agency is required to provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor - Controller for each six -month fiscal period; and WHEREAS, there has been presented to this Board for approval Successor Agency's proposed administrative budgets for the six -month fiscal periods from July 1, 2016 through December 31, 2016 ( "Administrative Budget 16 -17A ") and from January 1, 2017 through June 30, 2017 ( "Administrative Budget 16 -17B," together with Administrative Budget 16 -17A, the "Administrative Budgets "); NOW, THEREFORE, the Governing Board of the Successor Agency to the Orange Redevelopment Agency does hereby find, determine, resolve, and order as follows: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. Administrative Budget 16 -17A and 16 -17B, substantially in the form attached hereto as Exhibit A , is hereby approved. Section 3. The Executive Director of the Successor Agency, in consultation with the Successor Agency's legal counsel, may modify the Administrative Budgets as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable. RESO NO. SAORA -023