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RES-2014-168 RESOLUTION N0. 2014-168 A RESOLUTION OF THE CIT�' COUNCIL OF THE CITY Ot= ANAHEIM �APPROVING A COOPERATIQ��' AGREEMENT �� �(LOAI�I AGREEMENT PURSLANT TO HEALTH c� SAFETY CODE SECTION 34I73(h1—ROPS lI FRIOR PER.IOD ADJL'STMENT) BY AND BETV��EEN T�IE CIT�' OF ANAHEIM AND THE SUCCESSOR AGENC�' TO THE ANAHEIM REDEVELOPMENT AGENCY, INCREASING THE COIvIMUNITY DE��ELOPMENT DEPARTMENT BUDGET AND MAKING CERTAIN FINDINGS Il�; ACCORDANCE THEREWITI I WHEREAS, the City of Anaheim ("City") is a munieipal corporation and charter city organized and opErating under the laws of the State of Californi�; and WHEREAS, the Successor Agency to the Anaheim Redevclopment Agency ("Successor Agency") is a public entity corporate and politic, organized and operatiilg under Part 1.85 ot Division 24 of the Dissolution Act (as definEd below): aild WHEREAS, the Anaheim Redevelopment Agency ("former Agency") previously was a California public body, corporate and politic, duly formed by the City Council of the City ("City Council") and oraanized, existing and exercising the powers of a conimunity redevelopment agency under the Calif.ornia Community Redevelopment Law, Health & Safery Code Section 33000, et seg.; and WHEREAS, Assembly Bi11 �l 26 ("AB xl ?6") chaptered and effective on June 27, 201 1 �dded Parts 1.8 ai�d 1.&5 to Division 24 of the California Health R Safety Codc and which laws were modified. in part, and deterniined constitutional by the California Supreme Court in the petition Calif��rizia Redevelopment Assc�ciation, et al. 1�. A��a Matosarrtos, et al., Case No. S 194861 ("Matosantos Decision"}, which Iaws and court opinion caused the dissolution of all red�velopment a«encies and winding down of the affairs of fonner redevelopment agencies; thereafter, sucl� laws were amended further bv Assembly Bill 1484 ("AB 14�4") that was chaptered and effective on June ?7, 2012 (together AB xl 26, the Matosantos Decision, and AB 1484 are refen�ed to as the "Dissolution Act"); and WHEREAS, as of February l., 201?, the forn�er A�ency became a dissolved community redevelopment agency pursuant to the Dissolution Act: and WHEREAS, as of and on and after February 1, 20I?, the Successor Agency is performing its functions as the successor agency under the Dissolution Act to administer the enforceable obligations of the fonner Atrency and is engaged in activities necessary and appropriate to wind down the activities of the former Agency's Anaheim Merged Redevelopment Project that was originally adopted and amended by ordinances of the Citv Council, a�1d otherwise unwind the forn�er A�e��c��'s affairs, all subject to tl�e review and approval by a seven-m�mber Oversi��ht Board formed thereunder: and DOCSOC/1678163v3�200391-0001 WHEREAS, pursuant to the Dissolution Act, the Successor A,ency prepares and submits a Reco�lized Obligation `Pavment Schedule ("ROPS") for each si�-month period (January 1 throu�h June 30 and Julv 1 throu�h Dec�rnber 31), and includes on each ROPS the estimated payments to be made b}� the Successor A�ency for eacl� enforceable obliaatioi7 durinn cach applicable six-n�onth ROPS period; and WHEREAS, the 5uccessor A�ency pr;pared a ROPS for the period from July 1 through December 31, 2013 (referred to as "ROPS 13-14A"), which ROPS 13-14A was approved by the Oversight Board and the Department of Finance ("DOF"j; and WHEREAS, the ROPS 13-14A reported a"pnor period adjustment" from the ROPS period for July 1 throu�h December 3l, 2012 ("ROPS II") in the amount of �I,033,181, whicl� number was received from and confinned bv the Orange County Auditar-Controller ("GAC"); and W�-IEREAS, the initial DOF letter approvin� ROPS 13-14A, dated April 8, 2013 also reflected the prio: period adjustment an�ount of �1,Q33,181, coi7firmin� the prior period adjustment amount in the ROPS 1�-14A; and WHEREAS, the Successor Agency and DOF heid a meet and confer to discuss several items on the ROPS 13-14A which were disapproved by DO.�' in the April S, 2013 letter; however, the prior period adjustment amount set forth in ROPS 13-14A and the April 8, 2013 lctter was not in dispute and was therefore not a topic of discussion during this meet and confer sessian; and WHEREAS, after the meet aild confer session, DOF issued a final determination letter dated Ma}� 17, ?013 which, witliout explanation, stated a prior p�riod adjustment amount of $1,986,585 (an increase of $953,404 ovEr the prior pei acijustment amount in the� ROPS 13-14A and the April 8, 2013 letter); and WHEREAS, despi�e repeated attempts to explain the mistake to DOF representa�ives, DOF has refused to correct the error in the May 17, 2013 Ietter and, as a result, tl�e Successor A�ency is carrying a de�cit of $9�3,404 ("Deficit Amount") in each ROPS period and is likely to default on enforceable obtigations durin� the upeoming ROPS 14-15A period; and WHEREAS, to avoid a default tmder its approved enforceable obiigations, thc Successor Agency nas requested a loatl from the City in the anlount of the� Deficit Amount; and WHEREAS, Scction 34173{h� of the Dissc�lution Act authorizes the Ci�y to "loan or b ant funds to [the Successor Agency] for adininistrative costs, enforceable obligations, or project- related expenses at the [CitS�'s] discretioii, but the receipt and use of these funds shall be i°eflected on the Recognized Obiigation Payment Schedule or the administrative budget and therefore are subject to the oversight and approval of the �versight board_ An enforceable obligation shall be deemed to be crcated for the repayinent of those loans"; and WHEREAS, as authorized by and pursuant to Section 34173(h) of the Dissoiution Act, the Ciry� desires to assist the Successor Agency by providing a loan to the Successor Agency in the amount of the Deficit Amount, for use in paying approved enfarceable obligations of the � DOCSOC!1678163v3!20039I -0001 Successor A�ency shown oil thc ROPS 14-1�A, aci<nowledgiilg that the deficiencv bc�in� addressec� and con t�v th� Agseen�ent (defined below} originated in the ROPS I1-14A period and has been carricd�rorward into eacl� R.OPS period thereafter; and WHEREAS, the Successor At�ency's obli�=,ation to repa�� the subject loan to the City is set fortl� iz1 a Cooperation Agreement (Loan Agreen�ent pursuant to Healt-h & Safety Code Section 34173(hj—ROPS II I�rior Period Adjustment} (`'Agreement") which shail be subject to approval by the Oversi�ht Board and DOF and shalI be i�lcluded on the ROPS for tl�e period from January l, 201� to June 30, 2015 ("ROPS 14-15B"), which ROPS 14-15B is subject to tlie � approval of the Oversi�ht Board and DOF; and WHEREAS, provicled that tl�e A�reemcilt is approved as an enforceable. obli�atton on ROPS 14-1 �B, the Successor A�ei1c}� shall repay all amounts disbursed by the City to or on behalf of the Successor A�ency from RPTTF monevs received bti� the Successor Agency pursuant to ROPS 14-15B and subsequent ROPS untii repaid in full; and � WHEREAS, the Citv CoL�ncil desires to approve the A�eement and to dirccf tlle Successor A�ency to transmit the Agreement to the Oversight Board and the DOF. NOW, THEREFORE, BE IT RESOLVED .BI' THE CIT�' COUNCIL OF THE CIT�' OF ANAHEIM AS FOLLOWS: � Section 1. The foreQoinb reeitals are. incorporated into this Resolution by this reference, and constitute a material pari of this Resolution. Section 2. The City Council hereby approves fhe Agreement, witl� such changes as may be mutually agreed Etpon by the Community Development Director (or his duly autliorized representative), the Executive Director of thE Successor Agency and the City Attorney, as are minor and in substantial conformance with the form of the Agreeinent submitted he� The Communitv Development Directar and the City Clerk are hereby autilorized to execute and attest the Agreen�ent on behalf of ti-�e City. In such regard, the Community Development Director (or his duiy authorized repres�ntative j is authorized to sign the final version of the Agreement after coinpletion of any such noi�-substantive, minor revisions. Copies of the final form of the Agreemcnt, wl�en duly executed and attested, sl�all be placed on fit� in th� off ce of the City C1erk. Further, the Communit_y Development Director (or hi.s du}y authorized representative) is authorized to imptement the Agreement and take all further actions and execute all documents referenced tberein and/or necessary and appropriate to make the City Loan (defined in the Agreeinent} and otherwise carry ozit the transaction contemplated by the Agreement. The Co�mmunity Development Director (or his duly authorized representativej is hereby authorized to the extent necessary during the implementation o� tl�e Aareement to make technical or minor changes and interpretations thereto aftcr execution, as necessary to properly implement and carry out the Agreeme��t, provided any and all such chan�res sha11 not in any manner materially affECt the ri�rl�ts ai�d obligations of the City or tl�e ma�imum City Loan amount provided under tl�: Agrecment approved hereb}�. Section 3. In addition to tl�e authorization of Section 2 above, the Communitv Development Director is hereby authorized, on behalf of the City, to sign all other documents � DOCSOCI l 6781 b3��3,'200391-0001 necessarv or apprapriate to carry out and implement the ���reement, incluciin� causing the issuance of warrants in implementation thereto, and to administer tile Citv's obligations, responsibilities and duties to be perforn�ed und�r the A�reement. Sectron 4. The City Council recognizes that the A�;eement is and witl be subject to review and approval by the Oversight �oard to the Successor Agency and the State oi' Caiifornia, Department of Finance pursuant to the Dissoiution Act. in this regard the C�iry Council authorizes transmittal of tl�e Agreement and anv oth��er related documentation required and the postin� of a true copy of the Agreement on the Successor A�Tency w�bsite }�ursuant ther�to. Section 5. The Citv Council hereby providcs for a one-tinze inerease in the currEnt fiscal year budget of the Communitv Developmeni Depan7neni in th:, amount of the� City Loan, which shall be the source of the proceeds of the Citv Loan. Section 6. The City Clerk shall certif_y to thc adoptioi� of tl�is Resolution. (Remaincler of page interitionalll� left hZanK; sagnatures on nexf page) 4 DOCSOC? 1678 I 6� v3!20039 i-0OU I THE FOREGOING RESOLL1TlON is approved aud adopted b5� the City Council of thc Citv of r'u�aheim this 23rd day oi Se�tember, �014, b�,� the foliowin� roll call vote: Al'ES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: N�ne ABSTAIN:None CITY OF ANAHEIM Bv: AYOR O THE 1TY OF ANA�-IELM ATTES . CITY CLERK OF THE CITY OF ANAHEIM 5 D�CSOCIl6781b3v3i20039]-0001