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File Number: 12 -193 <br />• Pension and unemployment payments for Agency employees; <br />• Judgments, settlements or binding arbitration decisions; and <br />• Any legally binding and enforceable contract that does not violate the debt limit or <br />public policy. <br />The obligations listed on the ROPS for July through December 2012 are generally consistent <br />with those in the previous ROPS, which covered payments due between February 1, 2012 <br />and June 30, 2012. Some items have been removed from the list of Enforceable Obligations <br />because they were paid off in their entirety during the previous six -month period. These <br />retired obligations were contractual agreements for services provided on a limited time basis, <br />such as the development of the Broadband Strategy and downtown cleaning services. At the <br />request of the Successor Agency Oversight Board, the current ROPS has also been amended <br />slightly to show the beginning and estimated end dates for each obligation. <br />After the approval of the previous ROPS by the City Council (serving as Successor Agency) <br />on April 2, 2012 and the Successor Agency Oversight Board on April 6, 2012, the California <br />Department of Finance (DOF) exercised its right to conduct a review of the list of Enforceable <br />Obligations. Upon completion of that review, the DOF informed the City that it did not consider <br />some items to be enforceable because AB x1 26 does not recognize agreements between a <br />redevelopment agency and the city that created it. This determination impacts a loan from the <br />City General Fund to the Joint Project Area and four cooperative agreements to fund capital <br />improvement projects. <br />A separate action to re- authorize the General Fund loan and cooperative agreements for <br />improvements on Eden Road and Hays Street will be brought to the City Council, Successor <br />Agency and Oversight Board. The July through December 2012 ROPS assumes approval of <br />the re- authorization of these agreements. The two remaining cooperative agreements, for <br />streetscape improvements on Doolittle Drive ($4.2m) and MacArthur Boulevard ($1.3m) have <br />been removed from the ROPS. <br />Pursuant to Health and Safety Code section 34177, the ROPS must also note the source of <br />funds that will be used for payment. Whereas most obligations on the previous ROPS were <br />funded using the remaining cash balance of the former Agency, most obligations on the <br />current ROPS will be funded using a remittance from the County Auditor - Controller from the <br />Redevelopment Property Tax Trust Fund (funds that formerly were tax increment revenue for <br />the Agency). That remittance is expected by June 1, 2012. Costs related to the <br />Estudillo - Callan Garage construction and the East 14th /Hesperian "Triangle" project will <br />continue to be funded with proceeds from bonds issued by the Redevelopment Agency for <br />those purposes. <br />The ROPS also contains an administrative budget for the Successor Agency. Based on <br />direction from the California Department of Finance, the amount of the administrative <br />allowance for Fiscal Year 2012 -13 is the greater of 3% of funds received from the <br />Redevelopment Property Tax Trust Fund or $250,000, annually. For San Leandro, the <br />$250,000 minimum allowance is expected to apply. For this ROPS, covering six months of <br />obligations, the administrative allowance equals $125,000, or half of the annual amount. <br />Previous Actions <br />City of San Leandro Page 2 Printed on 51112012 <br />