BILL ANALYSIS �
AB 2647
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Date of Hearing: May 7, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2647 (Wagner) - As Amended: April 10, 2014
Policy Committee: Local
GovernmentVote:8 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill clarifies property tax revenues attributable to the El
Toro Project Area for the former Lake Forest Redevelopment
Agency in light of the dissolution of redevelopment.
Specifically, this bill:
Requires the Orange County Auditor Controller to establish a
separate Redevelopment Property Tax Trust Fund (Fund) for the
former Lake Forest Redevelopment Agency (RDA), and allocate
property tax revenues attributable to the El Toro Project Area
between the Fund established for the former Orange County
Development Agency and the Fund established for the former Lake
Forest RDA, according to formula.
FISCAL EFFECT
1)One-time minor administrative costs to Orange County,
reimbursable if the Commission on State Mandates determines
this bill contains a reimbursable cost.
2)Negligible fiscal impact to taxing entities. This bill does
not change the dollar amounts flowing to local jurisdictions,
it only changes their path. Clarifying the payment process
could result in the underlying taxing jurisdictions, including
schools, being paid more promptly and transparently than under
the current process.
COMMENTS
1)Purpose . This bill seeks to address the unique and confusing
process used to transfer funds to the Lake Forest Successor
AB 2647
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Agency by clarifying the Recognized Obligations Payment
Schedule (ROPS) process and making it consistent with the
process that all other successor agencies follow regarding
property tax payments required under the redevelopment
dissolution process.
2)Background. Prior to the incorporation of the City of Lake
Forest, the El Toro Redevelopment Project Area was under
jurisdictional control of Orange County. When the City of Lake
Forest established the Lake Forest RDA and control over the
Project Area was subsequently transferred to Lake Forest, the
city, county and agency entered into a transfer agreement. The
purpose of the transfer agreement was to allow the transfer of
tax increment from the project area to the Lake Forest RDA and
ensure the protection of the County's pre-existing bond
obligations.
While the transfer agreement served the county and agency well
prior to dissolution, the dissolution legislation did not
contemplate this type of transfer structure. As a result, the
revenue stream of the El Toro Redevelopment Project Area is
now governed by two successor agencies. This has led to the
unique and confusing situation where one agency is being paid
from the other agency's ROPS. According to the author, this
has caused significant confusion for the Department of
Finance, which has necessitated the expenditure of public
resources to clarify its unique circumstance through the meet
and confer process.
3)There is no opposition to the bill .
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081