Loading...
SR 09-27-2011 3WID tmiiiiiiiiiiill Redevelopment Agency Sa of Report Santa Monica' Redevelopment Agency Meeting: September 27, 2011 Agenda Item:. t To: Chairperson and Redevelopment Agency From: Andy Agle, Director of Housing and Economic Development Carol Swindell, Director of Finance Subject: Redevelopment Agency Recognized Obligation Payment Schedule Recommended Action Staff recommends that the Redevelopment Agency adopt the attached Resolution approving the Redevelopment Agency's Preliminary Draft of the Initial Recognized Obligation Payment Schedule. Executive Summary This report recommends that the Redevelopment Agency, under protest and subject to reservation, adopt the attached resolution, approving the Preliminary Draft of the Initial Recognized Obligation Payment Schedule (ROPS), for the purpose of preserving all rights to make payments and perform enforceable obligations associated with the Agency's Priority Projects and Five -Year Implementation Plan. Background On August 9, 2011, the City Council took actions to ensure the continued existence of the Redevelopment Agency. Specifically, Council introduced an ordinance to participate in the Alternative Voluntary Redevelopment Program permitted under AB 27, and authorized a Remittance Agreement between the City and the Agency to transfer funds to the City for the City's payment of an annual remittance to the County Auditor - Controller. On August 11, 2011, the California Supreme Court issued a stay (Stay) in the litigation action, California Redevelopment Association v. Matosantos (S194861), which challenges the constitutionality of AB 26 and AB 27. While the Stay was granted on all provisions of AB 27, it was unclear which provisions of AB 26 were denied the Stay. On 1 August 17, 2011, the California Supreme Court modified the Stay to clarify, among other items, what sections of the statute would remain in effect at this time. The effect of the Stay is to preserve the status quo by authorizing redevelopment agencies to perform under "existing obligations" as defined by the statute while preventing agencies from undertaking new debt or making new commitments, among other things, pending the Supreme Court's decision on the merits of petitioners' claims that AB 26 and AB 27 violate the State Constitution and other laws. The Stay, as modified on August 17, has the effect of reviving portions of the previously stayed statutory scheme that require actions to be taken by agencies, cities and the state during the period prior to January 15, 2012, by which time the Court intends to have rendered its decision. These actions include the adoption (under §§ 34169 and 34169.5 of AB 26) of the Enforceable Obligations Payment Schedule (EOPS) by August 30, 2011 and the Preliminary Draft of the Initial ROPS by September 30, 2011, and the procedure for the Director of Finance to determine the remittance amount due to the county auditor - controller from those agencies participating in the AB 27 "Voluntary Alternative Redevelopment Program." On August 23, 2011, the Redevelopment Agency adopted a resolution approving the EOPS, subject to full reservation of rights to challenge the validity of any or all of the provisions of ABX1 26 and ABX1 27, and to preserve all rights to make payments and perform enforceable obligations associated with the Agency's projects subject to the Supreme Court's determinations in California Redevelopment Association v. Matosantos. Special Counsel for the Agency and the City has opined that the Agency should also adopt a resolution approving the Preliminary Draft of the Initial ROPS, subject to the same reservations as those adopted with the EOPS. Discussion Staff has prepared the Preliminary Draft of the Initial ROPS to set forth all of the Agency's obligations determined to be enforceable obligations under § 34167(d), as well as the schedule of payments for the period January 1, 2012 to June 30, 2012. Staff 2 recommends that the Agency adopt the attached Resolution and the accompanying Preliminary Draft of the Initial ROPS in Exhibit 1 of the attached resolution to provide the Agency additional protection in performing its enforceable obligations, including enforcing existing covenants and making payments thereunder. Financial Impacts & Budget Actions There are no budgetary impacts associated with the adoption of the resolution and Preliminary Draft of the Initial ROPS. The Preliminary Draft of the Initial ROPS simply sets forth the Agency's existing financial obligations. Prepared by: Gigi Decavalles- Hughes, Administrative Services Officer Andy Agle, Director Housing and Econo Approved: Forwarded to Council: Rod Gould City Manager " fc,/- C4ni & Ww -?.Lt2 Carol Swindell Director, Finance Attachments: Attachment A: Resolution 3 Reference Resolution No. 534 (RAS)