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HomeMy WebLinkAbout23210 RESOLUTION NO. 23210 A RESOLUTION OF CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE PREPARATION AND TRANSMITTAL OF A RECOGNIZED OBLIGATIONS PAYMENT SCHEDULE (ROPS) PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34169(g)(1). WHEREAS, the City Council of the City of Palm Springs ("Council') and the Agency Board of the Palm Springs Community Redevelopment Agency ("Agency") approved and adopted the Amended and Restated Redevelopment Plans for the Merged Project Areas No. 1 and No. 2 ('Redevelopment Plan") covering properties within the Agency (the "Project Areas"); and WHEREAS, since the dates of adoption of the Redevelopment Plan, the Agency undertook redevelopment projects in the Project Area to eliminate blight, to improve public facilities and infrastructure, to renovate and construct affordable housing, and to enter into partnerships with private industries to create jobs and expand the local economy; and WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted and the Governor signed AB X1 26, requiring that each redevelopment agency be dissolved unless the community that created it enacts a resolution committing it to making certain payments; and WHEREAS, on December 29, 2011, the California Supreme Court upheld AB X1 26, which dissolves all of the redevelopment agencies in the State of California, and struck down AB1X 27; and WHEREAS, as part of this wind-down process, all redevelopment agencies were required to file a schedule of "enforceable obligations" that require payments to be made through the end of the calendar year 2011; and WHEREAS, Health and Safety Code Section 34169(h), which is set forth in Part 1.8, required a redevelopment agency to prepare a preliminary draft of an Initial Recognized Obligation Payment Schedule ("IROPS"), which must list the minimum amounts that must be paid by the successor agency over a six (6) month period to fulfill its enforceable obligations during that period, with the first schedule covering the period from January 1, 2012 to June 30, 2012; and WHEREAS, at a meeting of January 4, 2012, the City of Palm Springs took action to designate itself as the Successor Agency and the Housing Successor Resolution No. 23210 Page 2 Agency to the Community Redevelopment Agency, as provided in California Health and Safety Code §§ 34173 and 34176; and WHEREAS, the City as Successor Agency finalized the IROPS and presented it to the Oversight Board for approval on April 3, 2012, and submitted for approval by the California Department of Finance and County Auditor-Controller prior to April 15, 2012; and WHEREAS, the ROPS for July 1, 2012 through December 31, 2012 was required to be submitted to the same agencies prior to May 11, 2012, with approval of the Oversight Board; and WHEREAS, in June, 2012 the Governor signed into law Assembly Bill 1484, a budget trailer bill which established the deadline for the submittal of the January 1 — June 30, 2013 ROPS, which now must be submitted to DOF and the State Controller's office, after approval by the Oversight Board, no later than September 1, 2012; and WHEREAS, Assembly Bill 1484 also establishes that if the ROPS is not submitted in the required timeframe, the successor agency is subject to a $10,000 fine for every day the ROPS is late and the administrative cost allowance for the successor agency is reduced by 25%. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Springs, acting solely in its capacity as the Successor Agency of the Community Redevelopment Agency of the City of Palm Springs, does resolve as follows: Section 1. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. The City Manager or designee is hereby directed to prepare the Recognized Obligation Payment Schedule for the period of January 1, 2013 through June 30, 2013, consistent with the intent and general provisions of previously adopted ROPS Schedules, as may be reasonably necessary to ensure compliance with all applicable state laws, submit it for approval to the Oversight Board and transmit it to the California Department of Finance, the State Controller's Office and the Riverside County Auditor/Controller's Office upon its adoption by the Oversight Board. Section 3. The City Manager or designee is authorized to take all actions necessary to implement this Resolution, including without limitation, the posting of this Resolution and the Recognized Obligation Payment Schedule on the Successor Agency's website, and the provision of notice of adoption of this Resolution and such Schedule to the County Auditor-Controller, the State Controller and the State Department of Finance. Resolution No. 23210 Page 3 PASSED, APPROVED, AND ADOPTED at a regular adjourned meeting of the Community Redevelopment Agenc of the City of Palm Sprin fornia, on this 11th day of July, 2012. David H. Re y anager ATTEST: ames Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that Resolution No. 23210 was adopted by the Palm Springs City Council at a regular meeting held on the 11th of July, 2012, and that the same was adopted by the following vote: AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ames Thompson, City Clerk City of Palm Springs, California 7