HomeMy WebLinkAboutRes SA-RDA 069 - ROPS Through 06-30-2019RESOLUTION NO. SA -RDA 609
STAFF REPORT
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY/
MEETING DATE: January 11, 2018
REQUEST: ADOPT RESOLUTION NO. SA -RDA 069 ADOPTING A
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE
FISCAL PERIOD FROM JULY 1, 2018 THROUGH JUNE 30,
2019, PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177 AND TAKING CERTAIN RELATED ACTIONS
Recommendation
By Minute Motion that the Successor Agency Board adopt Resolution SA -RDA 069
approving the Recognized Obligation Payment Schedule for the annual period from July
1, 2018 through June 30, 2019 ("ROPS 18-19"), and taking certain related actions.
Strategic Plan
There is no direct correlation to the strategic plan.
Backqround and Analvsis
Pursuant to HSC Section 34177, the Successor Agency must prepare a ROPS listing
the anticipated payments for enforceable obligations to be made during each specified
fiscal period. Each ROPS request covers a six-month period (commencing January 1
and July 1, respectively) and is prepared annually for approval.
All ROPS must be approved by the Oversight Board. Furthermore, each Oversight
Board -approved ROPS must be submitted to the DOF for review. HSC Section 34177
also requires the Successor Agency to submit an Oversight Board -approved ROPS to
the DOF and to the County Auditor -Controller no later than February 1, 2018. A copy of
the Oversight Board -approved ROPS must be posted on the Successor Agency's
website.
The DOF may eliminate or modify any item on the ROPS before approving the ROPS.
The DOF must make its determination regarding the enforceable obligations and the
amount and funding source for each enforceable obligation listed on ROPS 18-19 no
later than April 15, 2018. Within five business days of the DOF's determination, the
Successor Agency may request to "meet and confer" with the DOF on disputed items.
The meet and confer period may vary, but an untimely submission of ROPS 18-19 may
result in a meet and confer period of less than 30 days.
January 11, 2018 - Staff Report
RECOGNIZED OBLIGATION PAYMENT SCHEDULES 2018/2019
Page 2 of 3
The County Auditor -Controller may object to the inclusion of any item on the ROPS that
is not demonstrated to be an enforceable obligation and may object to the funding
source proposed for any item. The County Auditor -Controller must provide notice of its
objections to the DOF, the Successor Agency and the Oversight Board at least 60 days
before disbursements from the Redevelopment Property Tax Trust Fund ("RPTTF") are
required to be made.
The County Auditor -Controller is required to make RPTTF disbursements to the
Successor Agency pursuant to the DOF-approved ROPS 18-19 on June 1, 2018 (to
cover enforceable obligation payments from July 1, 2018 through December 31, 2018)
and January 2, 2019 (to cover enforceable obligation payments from January 1, 2019
through June 30, 2019).
Penalties for Failure to Make Timely Submission
If the Successor Agency does not submit an Oversight Board -approved ROPS 18-19 by
February 1, 2018, the City of Palm Desert will be subject to a civil penalty of $10,000
per day for every day that ROPS 18-19 is not submitted to the DOF. The penalty will be
paid to the County Auditor -Controller for distribution to the taxing entities. If the
Successor Agency does not timely submit ROPS 18-19, creditors of the Successor
Agency, the DOF, and affected taxing entities may request a writ of mandate to require
the Successor Agency to immediately perform this duty. Additionally, if the Successor
Agency does not submit ROPS 18-19 within 10 days of the February 1, 2018 deadline,
the Successor Agency's maximum administrative cost for that period will be reduced by
25 percent.
If the Successor Agency fails to submit an Oversight Board -approved ROPS to the DOF
within five business days of "the date upon which the ROPS is to be used to determine
the amount of property tax allocations," the DOF may order the County Auditor -
Controller to withhold a scheduled RPTTF disbursement to the Successor Agency
pending the DOF's review of the related ROPS. (It is not clear what is "the date upon
which the ROPS is to be used to determine the amount of property tax allocations."
Possibly, it is referring to October 1 and April 1, the dates by which the County Auditor -
Controller must prepare estimates for the upcoming RPTTF disbursements on January
2 and June 1, respectively, and provide the estimates to the DOF, the Successor
Agency and the taxing entities.) In conjunction with such a withholding, the DOF may
order the County Auditor -Controller to disburse to the taxing entities money from the
RPTTF that the DOF determines to be in excess of the amount needed for enforceable
obligations.
Staff recommends that the Board of Directors of the Successor Agency adopt the
resolution approving ROPS 18-19 and taking certain related actions.
January 11, 2018 - Staff Report
RECOGNIZED OBLIGATION PAYMENT SCHEDULES 2018/2019
Page 3 of 3
Fiscal Analvsis
The preparation and submittal of ROPS 18-19 is for the purpose of allowing the
Successor Agency to pay its enforceable obligations for the period from July 1, 2018 to
June 30, 2019.
Prepared by: Veronica TafD Senior Management Analyst
LEGAL REVIEW
N/A
Reveiwed by RWG
Robert W. Hargreaves
City Attorney
DEPT. REVIEW
r
?etMoore
Director of Finance
FINANCIAL REVIEW
Ja t Moore
erector of Finance
ATTACHMENTS: Resolution No. SA -RDA 069
ROPS 18-19
CITY MANAGER
Lauri Aylaian
City Manager
RESOLUTION NO. SA -RDA 069
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY APPROVING A RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR THE FISCAL PERIOD
FROM JULY 1, 2018 THROUGH JUNE 30, 2019, PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177 AND TAKING
CERTAIN RELATED ACTIONS
RECITALS:
A. Pursuant to Health and Safety Code Section 34177(o), the Successor
Agency to the Palm Desert Redevelopment Agency (the "Successor Agency") must
prepare a Recognized Obligation Payment Schedule listing the anticipated payments for
enforceable obligations to be made by the Successor Agency during the fiscal period
from July 1, 2018 through June 30, 2019 ("ROPS 18-19") and submit ROPS 18-19 to
the oversight board of the Successor Agency (the "Oversight Board") for approval.
B. Pursuant to Health and Safety Code Section 34177(I)(2)(B), at the same
time that the Successor Agency submits ROPS 18-19 to the Oversight Board for
approval, the Successor Agency must submit a copy of such ROPS 18-19 to the State
Department of Finance (the "DOF"), the County administrative officer, and the County
Auditor -Controller.
C. Pursuant to Health and Safety Code Section 34177(I)(2)(C) and Section
34177(o)(1), the Successor Agency must: (i) submit the Oversight Board -approved
ROPS 18-19 to the DOF, the Office of the State Controller, and the County Auditor -
Controller no later than February 1, 2018, and (ii) post a copy of the Oversight Board -
approved ROPS 18-19 on the Successor Agency's website.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (THE "BOARD"),
HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
Section 2. ROPS 18-19, substantially in the form attached hereto as Exhibit A,
is hereby approved. The Executive Director of the Successor Agency, in consultation
with the Successor Agency's legal counsel, may modify ROPS 18-19 as the Executive
Director or the Successor Agency's legal counsel deems necessary or advisable.
Section 3. Staff is hereby authorized and directed to submit a copy of ROPS
18-19 to the Oversight Board for approval and, at the same time, transmit a copy of
ROPS 18-19 to the DOF, the County Auditor -Controller and the County administrative
officer as designated by the County.
G \rdaWeronica Tapia\Word Files\Staff Reports\Successor Agency\Palm Desert SA - SA reso for ROPS 18-19 1-11-18 docx
RESOLUTION NO. SA -RDA 069
Section 4. Staff is hereby authorized and directed to submit a copy of
Oversight Board -approved ROPS 18-19 to the DOF, the Office of the State Controller,
and the County Auditor -Controller. If the Oversight Board has not approved ROPS 18-
19 by February 1, 2018, Staff is hereby authorized and directed to transmit ROPS 18-19
to the DOF, the Office of the State Controller, and the County Auditor -Controller by
February 1, 2018, with a written notification regarding the status of the Oversight
Board's review. Written notice and information regarding the action of the Oversight
Board shall be provided to the DOF by electronic means and in a manner of DOF's
choosing.
Section 5. Staff is hereby authorized and directed to post a copy of the
Oversight Board -approved ROPS 18-19 on the Successor Agency's Internet website
(being a page on the Internet website of the City of Palm Desert).
Section 6. The officers and the other Staff members of the Successor Agency
are hereby authorized and directed, jointly and severally, to do any and all things which
they may deem necessary or advisable to effectuate this Resolution, including but not
limited to requesting additional review by the DOF and an opportunity to meet and
confer on any disputed items, and making adjustments to ROPS 18-19 pursuant to the
DOF's instructions, and any such actions previously taken are hereby ratified and
confirmed.
PASSED, APPROVED AND ADOPTED this 11th day of January, 2018.
AYES:
NOES:
ABSENT:
ABSTAIN:
Sabby Jonathan, Chair
ATTEST:
RACHELLE D. KLASSEN, SECRETARY
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
G \rda\Veronica TapiaMord Res\Staff Reports\Successor Agency\Palm Desert SA - SA reso for ROPS 18-19 1-11-18 docx2
RESOLUTION NO. SA -RDA 069
EXHIBIT A
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
RECOGNIZED OBLIGATION PAYMENT SCHEDULE
(July 1, 2018 — June 30, 2019)
G \rda\Veronica Tapia\Word Files\Staff Reports\Successor Agency\Palm Desert SA - SA reso for ROPS 18-19 1-11-18 docx
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