The Successor Agency is performing functions under Parts 1.8 and 1.85 of the California Health and Safety Code, as amended by Assembly Bill 1484 and other subsequent legislation including most recently by Senate Bill 107 effective on September 22, 2015 (“SB 107”) (together, “Dissolution Law”), to administer the enforceable obligations and otherwise unwind the former Agency's affairs, all subject to the review and approval by the seven-member Oversight Board.

The ROPS is “the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177.”  Under the dates in the Dissolution Law, as amended by SB 107, the Successor Agency is required to consider and adopt the ROPS for the 20-21 A-B fiscal period of July 1, 2020 to June 30, 2021, and submit such approved ROPS 20-21 A-B to the DOF on or before February 1, 2020.

Section 34177(l), as amended by SB 107, requires the Successor Agency to take actions with regard to each ROPS as follows:

“(l) (1) … For each recognized obligation, the Recognized Obligation Payment Schedule shall identify one or more of the following sources of payment:

(A) Low and Moderate Income Housing Fund.

(B) Bond proceeds.

(C) Reserve balances.

(D) Administrative cost allowance.

(E) The Redevelopment Property Tax Trust Fund, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation or by the provisions of this part.

(F) Other revenue sources, including rents, concessions, asset sale proceeds, interest earnings, and any other revenues derived from the former redevelopment agency, as approved by the oversight board in accordance with this part.

Staff has prepared the attached ROPS 20-21 A-B for the Successor Agency’s consideration and approval. The attached Successor Agency Resolution approves the ROPS in the gross amount of $23,153,390 requested from the Redevelopment Property Tax Trust Fund (“RPTTF”), subject to submittal to and review by the Oversight Board and then by the DOF, and authorizing posting and transmittal of the ROPS.

Several items on ROPS 20-21 A-B are explained in further detail as follows. 

The Successor Agency administrative budget of $512,917 is listed as item #31.

A $6,400,000 payment to the Developer is included for Line Item #22, Brookhurst Triangle.  In accordance with Section 510 of the DDA, if the Developer commits to increase the number of affordable rental units in the Brookhurst Triangle Project from 60 to 120 the Successor Agency is required to pay $6,400,000 from its Housing Set Aside Fund at closing of Phase II.  The Developer has expressed their commitment to increase the number of affordable units to 120.  Due to the implementation of Assembly Bill 26 1x (“AB 26 1x”), which added Parts 1.8 and 1.85 to Division 24 of the California Health & Safety Code, and which laws were modified, in part, and determined constitutional by the California Supreme Court in the petition of the California Redevelopment Association, et al. v. Ana Matosantos, et al., Case No. S194861 (“Matosantos Decision”), all cash balances in the Housing Set Aside Fund were distributed to the affected taxing entities upon dissolution of the former Agency. The Successor Agency is now requesting the $6,400,000 payment due to the Developer required by Section 510 of the DDA be paid from ROPS 20-21.

Line Item #55 on ROPS 20-21 A-B relates to the continued implementation of the Stipulation for Entry of Interlocutory Judgment (“Judgment”) issued in the action Marina Limon, et al v. Garden Grove Agency for Community Development, Orange County Superior Court Case No. 30-2009-00291597.  After the Judgment was entered in early 2014, the DOF denied funding to the Successor Agency through the ROPS process, so the Limon plaintiffs filed suit against the DOF (Case No. 34-2014-80001994) in Sacramento Superior Court per the Dissolution Law, which action resulted in a ruling adverse to the DOF and in favor of the Limon plaintiffs and the Successor Agency and Housing Authority, as real parties in interest.  The Court ruled the Judgment in all respects is an enforceable obligation under the Dissolution Law, including ordering that the payments due (such as award of attorneys’ fees to Limon plaintiffs) and obligations to be performed by Garden Grove (such as development of replacement housing units) to implement the Judgment are to be funded through the ROPS process. 

Further, this ROPS 20-21 A-B lists other Enforceable Obligations comparable to items in prior ROPS. 

The timing for DOF’s review of each annual ROPS also was amended by SB 107.  Now, new subsection (o) of Section 34177 provides that for each ROPS the department shall make its determination of the enforceable obligations and the amounts and funding sources of the enforceable obligations no later than April 15, 2020. Within five business days of the department’s determination, a successor agency may request additional review by the department and an opportunity to meet and confer on disputed items, except for those items which are the subject of litigation disputing the department’s previous or related determination. An untimely submittal of a Recognized Obligation Payment Schedule may result in a meet and confer period of less than 30 days. The department shall notify the successor agency and the county auditor-controller as to the outcome of its review at least 15 days before the date of the first property tax distribution for that period.

Successor Agency staff is available to explain ROPS 20-21 A-B and answer any questions the Board may have about this ROPS and related Successor Agency matters.

None until approved by the DOF.  If the DOF approves the ROPS as submitted, the Successor Agency will receive $23,153,390 (which includes $512,917 for the administrative budget) for the period July 1, 2020 to June 30, 2021, to pay the Successor Agency’s enforceable obligations.

Staff recommends that the Successor Agency:

• Adopt the attached Resolution approving ROPS 20-21 A-B for the annual fiscal period of July 1, 2020 to June 30, 2021, subject to submittal to and review by the Oversight Board and then by the State Department of Finance, and authorizing posting and transmittal of the ROPS as required by law.  Further, authorize the Community and Economic Development Director and her designees, in consultation with legal counsel, to request and complete meet and confer session(s) with the DOF and to make augmentations, modifications, additions or revisions as may be necessary or directed by the DOF.

Monica L. Covarrubias

Project Manager

Office of Economic Development