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HomeMy WebLinkAbout2015 09 21 SMNOTICE AND CALL OF A SPECIAL ETI G OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on MONDAY, SEPTEMBER 21, 2015 at 7:00 PM. at City Hall — 31d Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: September 17, 2015 Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on September 17, 2015. 441Alejandra Avila City Clerk TAW CITY COUNCIL SPECIAL 1"I G Please note time and ,. SEPTEMBER 21, 201 ting _ -- meeeti®n 7:00 PM ..��''�� _. .� CITY HALL - 31 Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio Mayor Mayor Pro Tem - Councilmember Councilmember Councilmember PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPA GAR SUS TELEFONOS CEL ULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish-speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccidn. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cads persona se le permite hablar por tres (3) min utos. Hay un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING — 7:00 P.M. CALL TO ORDER ROLL CALL: Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tem Cruz Baca and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exists alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 15-1613) FOR THE PERIOD FROM JANUARY 1, 2016 TO JUNE 30, 2016 Staff recommends that Council, as governing body of the Successor Agency: 1. Adopt the Recognized Obligation Payment Schedule (ROPS) 15-16B for the period of January 1, 2016 through June 30, 2016; and 2. Direct staff to proceed with submitting the draft ROPS 15-16B for approval to the Oversight Board; and 3. Send the approved ROPS to the County Executive Officer, County Auditor Controller, the State Controller and Department of Finance; and 4. Instruct staff to post the approved ROPS 15-16B on the City's website. ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on September 17, 2015. Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e-mail ecru a 11@ kgt(,fwh7 ?, r) .;corn. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) ITEM NO. I CS R) STAFF REPO. TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City o " Baldwin Park �FROM: Marc Casta vola, AICP Director of Community 1leveloi..it 1 �m g tY p SAN 4 E� Rose Tam, Accounting Manager � �, 7 ,DATE: September 21, 2015 SUBJECT: APPROVAL OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 15-16B) FOR THE PERIOD FROM JANUARY 1, 2016 TO JUNE 30, 2016 SUMMARY With the dissolution of local redevelopment agencies, the current state law requires the City Council acting as the governing body of the Successor Agency to the Community Development Commission ("CDC") with respect to redevelopment agency matters to adopt a Recognized Obligation Payment Schedule (ROPS) every six months. Attached is the Recognized Obligation Payment Schedule (ROPS 15-16B) for the period from January 1, 2016 through June 30, 2016 for the Successor Agency's Board approval. FISCAL IMPACT Under AB 26 and AB 1484, the City Council, as the successor agency, may only pay the enforceable obligations of the former Commission listed on the ROPS. The successor agency is prohibited by AB 26 and AB 1484 from entering into new obligations, except as necessary for administration of the successor agency and the winding up of the Commission's business. The intent of the ROPS is to identify all enforceable obligations of the former Commission payable before June 30, 2016. Nothing in the redevelopment dissolution legislation provides for the assumption of the Commission's obligations by the City. The liability of the successor agency for the CDC's obligations is limited to assets transferred to the City, as successor agency, from the Commission by operation of law. The successor agency is to receive up to $250,000 for administrative costs per year from the Redevelopment Property Tax Trust Fund (RPTTF) distributed by the County of Los Angeles per AB 26. However, at this time, it unknown how much RPTTF the successor agency will receive during the fiscal year 2015-16. RECOMMENDATION Staff recommends the City Council, as governing body of the Successor Agency: 1. Adopt the Recognized Obligation Payment Schedule (ROPS) 15-16B for the period of January 1, 2016 through June 30, 2016; and, 2. Direct staff to proceed with submitting the draft ROPS 15-16B for approval to the Oversight Board; and, 3. Send the approved ROPS to the County Executive Officer, County Auditor Controller, the State Controller and Department of Finance; and, 4. Instruct staff to post the approved ROPS 15-16B on the City's website. Approval of ROPS 15-16B September 21, 2015 Paize 2 BACKGROUND/DISCUSSION Assembly Bill X1 26 ("AB 26") was drafted with recognition that redevelopment agencies had a variety of debts and obligations that still must be met in order to avoid causing harm to the persons to whom those debts and obligations are owed. Successor agencies are supposed to receive tax revenues from the county auditors in order to ensure those obligations, referred to in AB 26 as "enforceable obligations," will be met. In order to enable the County of Los Angeles to determine how much tax revenue a successor agency needs to meet its enforceable obligations; AB 26 requires the preparation of a series of schedules of enforceable obligations. The first two schedules, the Enforceable Obligation Payment Schedule ("EOPS") and the Preliminary Draft Recognized Obligation Payment Schedule ("PDROPS") were approved by the Community Development Commission (Commission) prior to its dissolution. Those schedules formed the basis for the preparation of the first schedule previously approved by the City Council, as the governing body of the successor agency (Successor Agency), the Recognized Obligation Payment Schedule ("ROPS"). A ROPS must be prepared and presented to the City Council as the governing body of the successor agency for approval for each six-month period, from January 1 through June 30 and from July 1 through December 31, until all of the Commission's enforceable obligations have been paid in full. The approved ROPS is then submitted to the Oversight Board for approval. Following Oversight Board approval, the ROPS is sent to the Department of Finance and other agencies. On June 27, 2012, AB 1484 was enacted providing technical amendments, new rules and new deadlines for the redevelopment dissolution process. For the current ROPS, the Successor Agency must submit an Oversight Board approved ROPS 15-16B for the period of January 1, 2016 through June 30, 2016, to the DOF no later than October 5, 2015. If the ROPS is not submitted on time, there will be a civil penalty of $10,000 per day for every day that the ROPS is not submitted to the DOF. The penalty is to be paid to the County Auditor -Controller for distribution to the taxing entities. The Successor Agency must notify the County Executive Officer, the County Auditor Controller, and DOF, at the same time the Successor Agency submits a proposed action to the Oversight Board for approval. Also, all actions taken by the Oversight Board must be adopted by resolution. In addition, DOF has changed the format for the ROPS. Some of the requirements on the new ROPS format include: • Agencies report actual amounts paid from tax increment from the previous six-month period. • Enforceable obligations listed on one form regardless of funding source. No longer required to report monthly enforceable obligation estimates. Only six-month estimates are required. • Agencies are required to report fund balances for different fund sources. The report of available fund balance information covers two ROPS period. • Beginning with ROPS 13-14B, agencies must use the Redevelopment Agency Dissolution Web Application (RAD App) for ROPS submission. Email submission will no longer be accepted. The Successor Agency has complied with the requirements to prepare and approve a ROPS, submit it to the Oversight Board for approval and submit it to DOF, the State Controller's Office and the County Executive Officer and Auditor -Controller for all periods through the July through December 2015 six-month period. The Successor Agency now has before it the ROPS 15-16B for the period of January 1, 2016 through June 30, 2016 for its consideration. (The Department of Finance has established the naming convention for the ROPS, using the fiscal year and a letter indicating whether the ROPS is for the first or second six-month period within the fiscal year.) If approved, the ROPS 15-16B will be submitted to the Oversight Board for review at a special meeting scheduled for Tuesday September 29, 2014 and at the same time to the County Executive Officer, the County Auditor Controller, and the DOF. Approval of ROPS 15-16B September 21, 2015 Page 3 If approved by the Oversight Board, the approved ROPS must then be provided to the Los Angeles County Auditor, the State Controller and the Department of Finance and posted on the Successor Agency's website. LEGAL REVIEW No legal review required AL"I"I+,R ATj "E, S State Law requires the City Council acting as Board Members of the Successor Agency to the Dissolved Community Development Commission to adopt a Recognized Obligation Payment Schedule (ROPS) in order for the City to pay the for Community Development Commission's obligations, which include debt, loans and administrative costs. If the ROPS are not approved, submitted to the Oversight Board and then submitted to the State Department of Finance by October 5, 2015 there is civil penalty of $10,000 a day until it is submitted. In addition, the Successor Agency would be unable to pay debt service and other obligations. This would cause former RDA bonds to go into default. 1. Recognized Obligation Payment Schedule (ROPS) 15-16B for January 1, 2016 — June 30, 2016 Attachment Recognized Obligation Payment Schedule (ROPS 15-16B) 7A w E E co mo a) T � co r CD r N N a. OM C � L o v� �n (0 •' C) � N cu c (L co0 of o a O z ii d N ._ co 0 N O " N w a LO Nr a c3i O r r O �O (D N N 10 u s N w a O) O) �O LL LL CL w 0 CL .r c 7 V O w a Y LL F- a a 0 CL w c m 7 L) 0 r+ m a 0 d IL 0 CL El c ca E L U a m O m L 2) a) O 0 O 0 tf a) U - a a C 7 U- N 7 F - x W CL c 0- .0 a a c +� M a) LL 0 Q. 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