HomeMy WebLinkAboutAdopt Oversight Board Resolution Nos. 2016-01 and 2016-02 ap AGENDA REPORT
Oversight Board of the Huntington Beach Successor Agency
to the Redevelopment Agency
MEETING DATE: January 27, 2016
SUBJECT/ACTION: Adopt Oversight Board Resolution Nos 2016-01 and 2016-02
approving the Recognized Obligation Payment Schedule (ROPS)
and Administrative Budget for the Huntington Beach Successor
Agency for the period of July 1, 2016 through June 30, 2017, in
accordance with Health and Safety Code Section 34177 and
related actions
STATEMENT OF ISSUE:
The Oversight Board is requested to approve the Recognized Obligation Payment Schedule
(BOPS) and Administrative Budget for the period of July 1, 2016, through June 30, 2017 An
approved ROPS must be submitted to the Department of Finance (DOF) by February 1, 2016
Due to recent changes in legislation, the Successor Agency is submitting an annual ROPS in
lieu of the previous six-month ROPS period
RECOMMENDED ACTION: Motion to
A) Adopt Resolution No 2016-01, "A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of Huntington Beach Approving the
Recognized Obligation Payment Schedule for the Period July 1, 2016- June 30, 2017
("ROPS 16-17")," and,
B) Adopt Resolution No 2016-02, "A Resolution of the Oversight Board of the Successor
Agency to the Redevelopment Agency of the City of Huntington Beach Approving the
Successor Agency Administrative Budget for the Period of July 1, 2016 through June 30,
2017 "
BACKGROUND:
As a result of the California Supreme Court's ruling on the Dissolution Act, all redevelopment
agencies in California were dissolved effective February 1, 2012 The Dissolution Act and AB
1484 describe the procedures to wind-down the affairs of the former redevelopment agencies
These provisions include the continued payment of recognized enforceable obligations as
defined in the law The Recognized Obligation Payment Schedule for January 1, 2016, through
June 30, 2016, requests payment for enforceable obligations associated with the former
Redevelopment Agency's Tax Allocation bonds, development agreements, legal services,
administrative, and other miscellaneous costs The DOF has the authority to review the ROPS
and return it to the Successor Agency for reconsideration and modification
Recently, the Governor signed Senate Bill 107 which provided additional "clean-up" to the
dissolution of the former redevelopment agencies Some of the items within the legislation
include the retention of the City's Oversight Board through 2017 and changing the bi-annual
ROPS to an annual submittal Pursuant to HSC section 34177(o) (1), commencing with the
ROPS covering the period from July 1, 2016, to June 30, 2017, and thereafter, agencies shall
submit an Oversight Board-approved annual ROPS to DOF and the Orange County Auditor-
Controller by February 1, 2016, and each February 1 thereafter Finance will make its
determination by April 15, 2016, and each April 15 thereafter
Therefore, the ROPS shall not be effective until approved by the State DOF The Administrative
Budget for the July 1, 2016, through June 30, 2017, period reflects a total of$250,000, which
represents three percent (3%) of the projected property tax receipts during this period
ATTACHMENT(S):
1 Resolution No 2016- 01, "A Resolution of the Oversight Board to the Successor Agency to
the Redevelopment Agency of the City of Huntington Beach Approving the Recognized
Obligation Payment Schedule for the Period July 1 2016—June 30, 2017 (`ROPS 16-17')"
2 Resolution No 2016-02, "A Resolution of the Oversight Board to the Successor Agency to
the Redevelopment Agency of the City of Huntington Beach Approving the Successor
Agency Administrative Budget for the Period July 1 —June 30, 2017"
RESOLUTION NO 2016- 01
A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH APPROVING THE RECOGNIZED OBLIGATION
PAYMENT SCHEDULE FOR THE PERIOD JULY 1, 2016 THROUGH
JUNE 30, 2017 ("ROPS 16-17")
WHEREAS, puisuant to AB x1 26 (as amended by AB 1484, the "Dissolution Act"), the
separate legal entity known as Successor Agency to the Redevelopment Agency of the City of
Huntington Beach ("Successor Agency") must piepaie "Recognized Obligation Payment
Schedules" ("ROPS") that enumerate the enforceable obligations and expenses of the Successoi
Agency for each successive six-month fiscal period until the wind down and disposition of assets
of the formes Redevelopment Agency of the City of Huntington Beach, and
The Successor Agency staff has pi epai ed a ROPS for the six-month fiscal pei rod
commencing on July 1, 2016 and continuing through June 30, 2017 ("ROPS 16-17") which is
attached hereto as Exhibit A, and
Undei the Dissolution Act, ROPS 16-17 must be approved by the Successor Agency's
oversight board ("Oversight Board"); and
Aftei reviewing ROPS 16-17 presented to and iecommended foi approval to the
Oversight Board by Successoi Agency staff, and after reviewing any written and oral comments
from the public ielatmg thereto, the Oversight Board desires to approve the ROPS 16-17, and
All of the pierequisrtes with respect to the approval of this Resolution have been met
NOW, THEREFORE, the Oversight Board of the Successor Agency to the
Redevelopment Agency of the City of Huntington Beach does hereby resolve as follows
1 The Oversight Board hereby finds and determines that the foregoing recitals ale
ti Lie and coil ect
2 The Oversight Board hereby approves ROPS 16-17 in the form presented to the
Oversight Board and attached hereto as Exhibit A, and hereby deter ernes that such agreements
and obligations constitute "enforceable obligations" and "recognized obligations" for all
purposes under the Dissolution Act
3. The Oversight Board authorizes and directs the Successor Agency staff to. (i) take
all actions necessary under the Dissolution Act to post 16-17 on the Successor Agency website,
(6) transmit ROPS 16-17 to the Auditor-Controller and the County Administrator of the County
of Orange and to the State Controller and the State Department of Finance ("DOF"); and (rii) to
do any and all things and to execute and deliver any and all documents which may be necessary
or advisable in order to effectuate the purposes of this Resolution In addition, the Oversight
Board authorizes and directs the Successor Agency staff to make such non-substantive revisions
1
16-5060/130371
Oversight Board Reso . 1Ulb-U1
to ROPS 16-17 as may be necessary to submit ROPS 16-17 in any modified form iequired by
DOF, and ROPS 16-17 as so modified shall thereupon constitute ROPS 16-17 as approved by the
Oversight Board pursuant to this Resolution
4 The Oversight Board does not intend, by adoption of this Resolution, to waive
any constitutional, legal and/or equitable lights of the Oveisight Board, the Successoi Agency or
the City of Huntington Beach under law and/oi in equity by virtue of the adoption of this
Resolution and actions approved and taken pursuant to this Resolution and, therefore, ieseives
all such iights of the Oversight Board, the Successoi Agency and the City of Huntington Beach
under law and/oi in equity
PASSED AND ADOPTED by the Oveisight Board of the Successoi Agency to the
Redevelopment Agency of the City of Huntington Beach at a special meeting thereof held on the
27th day of January , 2016
Cl iipersx�—�*
REVIEWED ND APPROVED
E, u ive biiectoi
APPROVED AS TO FORA
Gen al Legal Counsel Dkz 10WP
2
13-3914/101076
yr - --c'-- ---- - ___ - _ _
EXHIBIT A
'RECOGNIZED OBLIGATION PAYMENT SCHEDULE
FOR THE PERIOD JULY 1, 2016 THROUGH JUNE 30, 2017
("ROPS 16-17")
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Oversight Board
Res. No. 2016-01
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, Secretary of the Huntington Beach Oversight Board of
the Successor Agency of the Former City of Huntington Beach Redevelopment Agency,
Huntington Beach, California DO HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Huntington Beach Oversight Board of the Successor Agency of the
Former City of Huntington Beach Huntington Beach Redevelopment Agency at a
meeting held on January 27, 2016 and that it was so adopted by the following vote
AYES: Board Members: *Bone, Fritzal, Hardy, Katapodis
NOES: Board Members: None
ABSENT: Board Members: Delgado, A Dunn, L Dunn
ABSTAIN: Board Members: None
*Bone requested that the record show he recused himself from
voting on line item nos 48, 75, 76, 77, and 78 of Exhibit A
vl
Secr ary of the Huntir9ton Beach
Oversight Board of the Successor
Agency of the Former City of
Huntington Beach Redevelopment
Agency Huntington Beach, California
RESOLUTION NO 2016- 02
A RESOLUTION OF THE OVERSIGHT BOARD OF TIIE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH APPROVING THE SUCCESSOR AGENCY
ADMINISTRATIVE BUDGET FOR TIIE PERIOD JULY 1, 2016 THOUGH
JUNE 30, 2017
WHEREAS, California Health and Safety Code section 341770) requites that the
Successor Agency to the Redevelopment Agency of the City of Huntington Beach ("Successor
Agency") piepaie an administrative budget for each six month fiscal period, and
A draft administrative budget for the fiscal period of July 1, 2016 through June 30, 2017
("Administrative Budget") is attached her eto as Exhibit A, and
Califoirua Health and Safety Code section 34177(k) requires the Successor Agency to
provide to the County Auditor-Controllei administrative cost estimates for expenses from the
administrative budget that are to be paid from property tax revenues deposited to the
Redevelopment Property Tax Tiust Fund for each six month fiscal period; and
All of the pieiequisites with respect to the approval of this Resolution have been met
NOW, THEREFORE, the Oversight Board of the Successoi Agency to the
Redevelopment Agency of the City of Huntington Beach does hereby resolve as follows
I The Oversight Board hereby finds and deteimines that the foregoing recitals ate
true and cot r ect
2 The Administrative Budget attached hereto as Exhibit A is hereby approved
3 The Successor Agency staff is directed to (i) provide the requited cost estimates
for expenses, to the County Auditor-Controller, and (rr) to do any and all things and to execute
and deliver any and all documents which may be necessary of advisable in oidei to effectuate the
purposes of this Resolution
4 The Oversight Board does not intend, by adoption of this Resolution, to waive
any constitutional, legal and/or equitable rights of the Oversight Board, the Successor Agency or
the City of Huntington Beach under law and/or in equity by virtue of the adoption of this
Resolution and actions approved and taken pursuant to this Resolution and, therefore, reserves
all such rights of the Oversight Board, the Successor Agency and the City of Huntington Beach
under law and/or in equity.
16-5060/130365 I
uversignL DU&IU ACC-U - GV1V-v
PASSED AND ADOPTED by the Oversight Boaid of the Successoi Agency to the
Redevelopment Agency of the City of Huntington Beach at a special meeting thereof held on the
27th day of January 2016
Ch rperso
REVIEWE AND APPROVED
Ex utive bijectoi
APPROVED AS TO FORM
Gei al Legal Counsel _r)v&D t �'illco
16-5060/130365 2
Oversight Board Reso . 2016-02
EXHIBIT A
ADMINISTRATIVE BUDGET FOR TILE PERIOD
JULY 1, 2016 THROUGH JUNE 30, 2017'
[behind this page]
16-5060/130365 3
Successor Agency
Administrative Budget
Department Budget Surnmary
Other Funds by Object Account
OTHER FUNDS
Expenditure Object Account ROPS 16-17 Budget
RORF Administration(35C)
PERSONAL SERVliCES
Salaries/Benefits-Permanent 250,033
PERSONAL SERVICES 250,000
OPERATING EXPENSES
Legal Ser-,,ices -
Other Professional Services/Operating
OPERATING EXPENSES -
Total 250,000
Revenue Summary BOPS 16-17 Budget
Administrative Allowance 250.000
Other Funds
ITotal 250,000
Significant Changes
Pursuant to AB x,I 26 and AS 1484 t,e Successor Agency receives RPTTF: funding from the COLI.I,\,Auditor-
Controller to pay Enforceable Qnkqazio-is The Successor Agency also receives a 3--, or minimum 0:
$250,000 for admimstration of the wInd.ng down of Vhe former Redevelopment Agency per flscai year.
Administratve costs associated with the `wmd down" and dissolution of the Redevelopment Age icy l
exceed the administrative cost allowance will be funded by Other _;Inds, DLITCUaPt TLO State rules.
Administrative expenses include. personnel costs legal, and other or-cfessioral services expenses
associated with the dissolution and administration of the S,-,ccess3,Ac-=n-,\,,
Oversight Board
Res. No. 2016-02
STATE OF CALIFORNIA
COUNTY OF ORANGE ss
CITY OF HUNTINGTON BEACH )
I, JOAN FLYNN, Secretary of the Hlun'Pngto,-� Beach Oversight Board of
the Successor Agency of the Former City of Huntington Beach Redevelopment agency,
Huntington Beach, Cafforni�a DO HEREBY CERTIFY that the foregoing resoG�utl��on was
du y adopted by the Hunfingto,-, Beach Oversight Board cf the Successor Agency oftne
Former City of Huntington Bead-: Huntington Beach Redevelopmert- Agency at a
meeting held on January 27., 2016 and that A was so adopted by t-e following vote:
AYES: Board Members: Bone, Fritza;. Hardy, Kata,pod!s
NOES: Board Members: No,-.e
ABSENT: Board Members- Deigadc, A. Du-r,,. L. Dunn
ABSTAIN: Board Members: None
V
Secrviary Of the Hunt�nglrcn Beach
Oversight Board of the Successor
Agency of the Former C'lt\/ of
H L untington Beagle Redevelo;Drnert
Agency Hu-trgtor Beach, Ca&ifornia