HomeMy WebLinkAboutAdopt Successor Agency Resolutions Nos. 2016-01 and 2016-02 Dept ID ED 16-01 Page 1 of 2
Meeting Date 1/19/2016
CITY OF HUNTINGTON BEACH
REQUEST FOR SUCCESSOR AGENCY ACTION
R
MEETING DATE: 1/19/2016
SUBMITTED TO: Honorable Chair and Successor Agency Board Members
SUBMITTED BY: Fred A Wilson, Executive Director
PREPARED BY: Ken Domer, Assistant Executive Director
Kellee Fritzal, Deputy Director, Business Development
SUBJECT: Adopt Successor Agency Resolutions 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 Successor Agency is requested to approve the Recognized Obligation Payment Schedule
(ROPS) 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
Financial Impact
The ROPS provides the County Auditor-Controller with the amount of the former Redevelopment
Agency's enforceable obligations for which the Successor Agency anticipates incurring
expenditures Once approved by DOF, the Successor Agency will be entitled to receive property tax
revenue up to the amount of the DOF-approved enforceable obligations included in the Payment
Schedule
Successor Agency Recommended Action:
A) Adopt Resolution No 2016-01, "A,Resolution 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 Successor Agency to the Redevelopment
Agency of the City of Huntington Beach Approving the Successor Agency Administrative Budget
for the Period July 1, 2016 Through June 30, 2017 "
Alternative Action(s)
Do not adopt the Resolutions and direct staff accordingly Per Health and Safety Code Section
34177(m)(2), the Successor Agency will be assessed a $10,000 per-day penalty for failure to
submit the ROPS on a timely basis Additionally, failure to submit the ROPS within ten (10) days of
the deadline may result in a 25% reduction of the Successor Agency's maximum administrative
cost allowance for the period covered by the delinquent ROPS
HB -189- Item 7. - I
Dept ID ED 16-01 Page 2 of 2
Meeting Date 1/19/2016
Analysis
As a result of the California Supreme Court's ruling on the Dissolution Act, all redevelopment T
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 BIII 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
Environmental Status
Not Applicable
Strategic Plan Goal
Strengthen Economic and Financial Sustainability
Attachment(s)
1 Resolution No 2016-01, "A Resolution 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)"
2 Resolution No 2016-02, "A Resolution of the Successor Agency to the Redevelopment
Agency of the City of Huntington Beach Approving the Successor Agency Administrative
Budget for the Period July 1, 2016 Through June 30, 2017"
Item 7. - 2 HB -190-
ATij6a.CnME,NT # 1
RESOLUTION NO 2016- 01
A RESOLUTION 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")
WHEREAS, pursuant to AB xl 26 (as amended by AB 1484, the "Dissolution Act"), the
separate legal entity known as Successoi Agency to the Redevelopment Agency of the City of
Huntington Beach ("Successor Agency") must prepare "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 former Redevelopment Agency of the City of Huntington Beach, and
The Successoi Agency staff has prepared a ROPS for the six-month fiscal period
commencing on July 1, 2016 and continuing through June 30, 2017 ("ROPS 16-17") which is
attached hereto as Exhibit A; and
After reviewing BOPS 16-17, presented to and recommended foi approval by Successor
Agency staff, and after reviewing any written and oral comments fiom the public relating
thereto, the Successoi Agency Boaid desires to approve the BOPS 16-17; and
All of the prerequisites with respect to the approval of this Resolution have been met
NOW, THEREFORE, the Successoi Agency to the Redevelopment Agency of the City of
Huntington Beach does hereby resolve as follows
1 The Successoi Agency hereby finds and deteunines that the foregoing recitals aie
true and coiiect
2 , The Successor Agency hereby approves ROPS 16-17 in the foim presented to the
Successor Agency and attached hereto as Exhibit A, and hereby determines that such agieements
and obligations constitute "enforceable obligations" and "recognized obligations" for all
purposes under the Dissolution Act
3 The Successoi Agency authorizes and directs the Successor Agency staff to (i)
take all actions necessary under the Dissolution Act to post ROPS 16-17 on the Successor
Agency website once approved by the Oversight Boaid to the Successoi Agency, (u) tiansinil
ROPS 16-17 to the Auditor-Controller and the County Administiator of the County of Orange
and to the State Controller and the State Depaitment of Finance ("DOF"), and (ni) to do any and
all things and to execute and deliver any and all documents which may be necessary of advisable
in older to effectuate the purposes of this Resolution. In addition, the Successor Agency
authorizes and directs the Successoi Agency staff to make such non-substantive revisions to
ROPS 16-17 as may be necessary to submit ROPS 16-17 in any modified form requited by DOF,
and ROPS 16-17 as so modified shall thereupon constitute 16-17 as approved by the Successoi
Agency pursuant to this Resolution
16-5060/130357 1
Resolution No . 2016-01
4 The Successoi Agency authorizes the Executive Duectoi, of designee, to make
such non-substantive changes and amendments to ROPS 16-17 as may be approved by the
Executive Dnectoi of the Successoi Agency and its legal counsel, and ROPS 16-17 as so
modified shall thereupon constitute ROPS 16-17 as approved by the Successor Agency pursuant
to this Resolution
5 The Successoi Agency does not intend, by adoption of this Resolution, to waive
any constitutional, legal and/or equitable lights of the Successor Agency of 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, reserves all such rights of
the Successor Agency and the City of Huntington Beach under law and/oi in equity
PASSED AND ADOPTED by the Successor Agency to the Redevelopment Agency of
the City of Huntington Beach at a regular meeting thereof held on the 19th day of
January 2016
Ch
REVIEWED AND APPROVED
Alv -
E cumVV4 Directoi
APPROVED AS TO FORM.
Ge eral Legal Counsel OZD LL111lo
2
16-5060/130357
4
nesolu�leii ivv . �vl�—vl
EXHIBIT A
RECOGNIZED OBLIGATION PAYMENT SCHEDULE
FOR THE PERIOD JULY 1, 2016 THROUGH JUNE 30, 2017
("ROPS 16-17")
[behind this page]
n O
0 0 0 0
N O m 0 N m
a n n n
O
,A w us
m rn o rn
0 N Q O N N� m �
r m r u
m r o N r
n
f9 W w
N N O N N N
n n O
0 r
n n O
~ r V N r
Q tD LI] r t0
n m co m
m
R
E
E
y
w
c
�� a
r o c
f0 a LL
L
ra
� n r
a o r
O N a
O
M
� C C
7
LL
� L d
U O F- R
c
U) L`, K R Q,
R Z In
o m C
> O a
16 T V) O
O
O t d +� >
LL
N
N
p>° E
o a °) `m o
O C L
M
m
O L w m > d o
d O c LL w o
N m ~ ,O m
OC d
R Ul Z C (n 0
0 m U y L.. O O
� U
OC c ; ; R r U
« w a h
2 0 c c `n c U N m U c
c c o c m
J LL O N R >
O O O
N OI Q ,O C 0) N N W c
N n +
m O U u m O c m o+ E m N L
y o R m M y o
c .0 m ILLL m Q c d o o
U Vo L U O 'EC ` O R
m f� O O Z Q o Oa L
N C O C C O -- U
aa wU) w U _° C/5
c m m
N C d
? Q m U W o 'm E
O
r
cn U U U a cOi d
Item 7. - 6 JIB -194-
� s
as-
g
mg
a
F � I
8;
a e»
£ F
» »
[a S
8� R
I
w z
d �
n °n
E
o r x
!T_!`
az z z '
e
E E r $ h d d a E d
�8
€ v 8
F
nee B gym:. B,E,
a I a z
e s`
o o
-
o
E
-
�
8oE8g"gB� oSoo a'Ea BoE lll Il� e 7. —��� =HB —19�—
m
o0
a
� z
E
m F
KC
u'
u
0
W
— v
R
K �R � may'',;+�1 4 Qk 3`�.• � l R.
fir Yv
No
3_ pe:
IR
IQ
E �xz ?�•lk�, a
11,01
o�'Min
e a
lij
n
r _ _
i
" cs {
a
o e r'C , zap - .P ,� � k�'' t� `�•
u <
k s �
Item 7. - 8
3
s
s i
E to i
m F �
o �M,
e �
oa
f F
-
s�r "
a �
MISS
CR 7az Y
8 e 11111,all-I
y g
e
=
^ice
x
8 `� xB -1 97 a Item¢
9 7. -
a a
d
v c �
c y
2 n�
> L
O
N T
O d d N
a O > o
c U
w o
N L d
L O
o w E
p T d d 0
C V L U
m y C
O d
� U -
Q)
N y JQ c m m m lm m n rn n Lo
d ID m
M
R >. _ = a
v v co n
is o Q o
m j V
N
l0 M O m m O o m
U � � rn r� o N N o o N
v
d
o E m a ro'i
d' la
m @ d o
E
tD a V LL d ° o r !D
d
O C d
d
J w w w
.a O -o
a) t a) v w �,
C � y
ECL E 3 0
lG O ti L d
c- C
t= Q C O U d O
O a
C '-
�
O a o
o o d o
d
x m y o
N_ H m
07 O o
O a) v o
U Oa; m w w w
N �
L C v
m a O d
o a'
� J
C > p Q L W L
a ,7 a0 O C O G V7 a O
O rn w
v d Ncf
M + �p N m O O m
n O O_ a L - m O + 20 _d m +
I� O .n O
a N a
O p U p U a J C U a m V C 2 w O 1C0
U N
U ` d m o
E d O c c c �, m O c c c >, m
a! tx6 O` 2' W IE C 2' ® C LL O 2'-mi uj C w
o
U m eh m w m a U N + O m LL O "' C m m a U
y m � o L J m �p m + L J d
d N O
D_ C N a V y y d II N < t0 d a m N y
m o Cj 'a° a daa m a = � v = E� a<n yam
v> a an d u J o O a c�_ LL 14 a o d ° in a0 d o >
E L c M Q°c !O an d d LL w o m d � � Q
O a m d m o an d 6. Q d m d u� o O-
L w U m m E W U O > d Q. , + 2 U `O > d d
'. C J > O C O N a C ' Q j N E > O C O N Q C J R
m 0 6 O J ,... d > > m + m Q a o _ d J E
o `o 0
co E
p m w -EJLL� a � oLL d � n m ui JLLQ o uj
� d w
a C OCI r C d C N C U C C C C G
C C lN0 3al m �-> a co >
a ddo d U Ja
0 w Q: ff owX dd d d aC xll� w
Item 7. - 10 HB _1 98_
Successor Agency
Res. No. 2016-01
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH
I, JOAN L FLYNN the Clerk of the Successor Agency to the former
City of Huntington Beach Redevelopment Agency, Huntington Beach, California,
DO HEREBY CERTIFY that the foregoing resolution was duly adopted by The
Successor Agency to the Redevelopment Agency of the City of Huntington Beach
at a special meeting held on January 19, 2016 and that is was so adopted by the
following vote
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
Clerk f The Success r Agency to
the Redevelopment Agency of the
City of Huntington Beach, California
ATTACHMENT #2
RESOLUTION NO 2016- 0 2
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
APPROVING THE SUCCESSOR AGENCY ADMINISTRATIVE BUDGET
FOR THE PERIOD JULY 1, 2016 THROUGH JUNE 30, 2017
WHEREAS, California Health and Safety Code section 341770) iequiies that the
Successor Agency to the Redevelopment Agency of the City of Huntington Beach ("Successor
Agency") prepare an administi ative budget foi each six month fiscal pet iod; and
A draft administrative budget foi the fiscal period of July 1, 2016 through June 30, 2017
("Administi ative Budget") is attached het eto as Exhibit A, and
California Health and Safety Code section 34177(k) requires the Successor Agency to
provide to the County Auditor-Controller administrative cost estimates foi expenses from the
administrative budget that ate to be paid from property tax revenues deposited in the
Redevelopment Property Tax Trust Fund for each six month fiscal period, and
All of the prerequisites with respect to the approval of this Resolution have been met
NOW, THEREFORE, the Successor Agency to the Redevelopment Agency of the City of
Huntington Beach does heleby resolve as follows
1. The Successor Agency hereby finds and determines that the foregoing recitals are
true and coirecf
2 The Administrative Budget attached hereto as Exhibit A is hereby approved
3 The Successor Agency staff is drlected to (i) provide the required cost estimates
for expenses to the County Auditor-Controller, and (u) to do any and all things and to execute
and deliver any and all documents which may be necessary of advisable in order to effectuate the
purposes of this Resolution
4 The Successor Agency does not intend, by adoption of this Resolution, to waive
any constitutional, legal and/or equitable rights of 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, therefole, reselves all such rights of
the Successor Agency and the City of Huntington Beach under law and/or in equity
16-5060/130362 1
Resolution No . 20lb-02
PASSED AND ADOPTED by the Successoi Agency to the Redevelopment Agency of
the City of Huntington Beach at a iegulai meeting thereof held on the 19th day of
January , 2016.
fs�1i
-A a..-� 4
Chairlkwn
REVIEWED AND APPROVED
Ex(gutm Phector
APPROVED AS TO FORM
Gen al Legal Counsel O\w � `'j\`S,o
16-5060/130362 2
resolution No . LUlb-UL
EXHIBIT A
ADMINISTRATIVE BUDGET FOR THE PERIOD
JULY 1, 2016 THROUGH JUNE 30, 2017
[behind this Page]
16-5060/130362 3
Successor Agency
Administrative Budget
Department Budget Summary
Other Funds by Object Account
OTHER FUNDS
N D
Ex enditure.flb¢bet Account ROPS 16-17 Budget
RORF Administration(350)
PERSONAL SERVICES
Salaries/Benefits-Permanent 250,000
PERSONAL SERVICES 260,000
OPERATING EXPENSES
Legal Services -
Other Professional Services/Operating -
OPERATING EXPENSES
Total 250,000
Revenue Summary RODS 16=17 Budget
Administrative Allowance 250,000
Other Funds -
Total 250,000
Significant Changes
Pursuant to AB x126 and AB 1484,the Successor Agency receives RPTTF funding from the County Auditor-
Controller to pay Enforceable Obligations. The Successor Agency also receives a 3% or minimum o
$250,000 for administration of the winding down of the former Redevelopment Agency per fiscal year.
Administrative costs associated with the "wind down" and dissolution of the Redevelopment Agency that
exceed the administrative cost allowance will be funded by Other Funds, pursuant to State rules.
Administrative expenses include: personnel costs, legal, and other professional services expenses
associated with the dissolution and administration of the Successor Agency.
Item 7. - 14 HB -2o2-
Successor Agency
Res. No. 2016-02
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the Clerk of the Successor Agency to the former
City of Huntington Beach Redevelopment Agency, Huntington Beach California,
DO HEREBY CERTIFY that the foregoing resolution was duly adopted by The
Successor Agency to the Redevelopment Agency of the City of Huntington Beach
at a special meeting held on January 19, 2016 and that is was so adopted by the
following vote:
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
Clerk VThe Success Agency to
the Redevelopment Agency of the
City of Huntington Beach, California