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HomeMy WebLinkAbout12-04 (Approving a 3rd Amended Initial ROPS)OVERSIGHT BOARD RESOLUTION NO. 12-04 M 0 I a 10 10110 V*4 10 M01 0 10 1 :L" 11010 a 9: 1 qWkTA 19 The Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency finds, determines and declares as follows: A. The Tustin Community Redevelopment Agency ("Agency") was established as a community redevelopment agency that was previously organized and existing under the California Community Redevelopment Law, Health and Safety Code Sections 33000, et seq. ("CRL") and previously authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council ("City Council") of the City of Tustin ("City"); and B. AB X1 26 ("AB26") added Parts 1.8 and 1.85 to Division 24 of the California Health and Safety Code, which laws cause the dissolution and wind down of all redevelopment agencies ("Dissolution Act"), and C. On December 29, 2011, in the petition California Redevelopment Association v. Matosantos, Case No. 5194861, the California Supreme Court upheld the Dissolution Act and thereby all redevelopment agencies in California are subject to the Dissolution Act and were dissolved as of and on February 1, 2012; and D. The Agency is now a dissolved community redevelopment agency pursuant to the Dissolution Act; and E. By a resolution considered and approved by the City Council at an open public meeting on January 17, 2012 the City chose to become and serve as the "successor agency" to the dissolved Agency under the Dissolution Act; and F. As of and on and after February 1, 2012, the City serves as the "Successor Agency" and will perform its functions as the successor agency under the Dissolution Act to administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs, all subject to the review and approval by the seven-member Oversight Board formed thereunder; and G. Section 34179 of the Dissolution Act requires all actions taken by the Oversight Board to be adopted by resolution; and H. Pursuant to Section 34179, the Successor Agency's Oversight Board has been formed and the initial meeting has occurred on March 13, 2012; and Oversight Board Resolution 12-04 Page 1 of 4 I. In accordance with Section 34180(g) of the CRL, which was added to the CRL by NEW- AB26 and is set forth in Part 1.85 of the CRL, the Oversight Board approved the IN Initial Recognized Obligation Payment Schedule ("Initial ROPS") for the period of January through June 2012 on Marcy 13, 2012. The Oversight Board on April 10, 2012, approved the First Amended Initial Recognized Obligation Payment Schedule ("First Amended Initial ROPS") and, on May 29, 2012, approved the Second Amended Initial Recognized Obligation Payment Schedule ("Second Amended Initial ROPS"); and J. Pursuant to Health and Safety Code (HSC) Section 34180(e), the Oversight Board, on May 29, 2012, approved the acceptance of financial assistance from private and public sources for the Phase 1 and Phase 2 Tustin Ranch Road Improvements Project which financial assistance was conditioned upon the provision of matching funds to the City from the MCAS Tustin 2010 Tax Allocation Bonds by the Successor Agency. In compliance with HSC Section 34180(h), the Oversight Board also authorized the Successor Agency to enter into an amended reimbursement agreement with the City for the Successor Agency's matching contribution to the Tustin Ranch Road Improvements Project in the amounts of $5,983,863 for Phase 1 and $8,164,931 for Phase 2 to be disbursed from MCAS Tustin 2010 Tax Allocation Bonds to the City; and K. On June 19, 2012, the Successor Agency approved and authorized the Successor Agency to enter into an Agreement for Reimbursement of Costs with the City for the provision of matching funds in the amount of $14,148,794 from the MCAS Tustin 2010 Tax Allocation Bonds proceeds for Phase 1 and Phase 2 Tustin Ranch Road Improvements Project. The Reimbursement Agreement utilizing the required matching funds has been added to the Third Amended Initial ROPS; and L. The Oversight Board has duly considered all other related matters and has determined that the Board's adoption of the Third Amended Initial ROPS and submission to the California Department of Finance is in the best interests of the City, the Successor Agency, the holders of enforceable obligations, and the taxing agencies that benefit from distributions of property tax and other revenue, and is in the best interests of the health, safety, and welfare of residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. NOW, THEREFORE, BE IT RESOLVED BY A RESOLUTION OF THE OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY: Section 1. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 2. The Oversight Board approves the Third Amended Initial ROPS attached hereto as Attachment No. 1 and incorporated herein, and further authorizes the Oversight Board Resolution 12-04 Page 2 of 4 Successor Agency to transmit this Resolution to the County Auditor-Controller, the State Department of Finance ("DoF"), and the State Controller's Office. Section 3. The City Manager, on behalf of the Successor Agency, or his authorized designee is directed to post this Resolution on the City/Successor Agency website. Section 4. This Resolution shall be effective after transmittal of this Resolution to the DoF and the expiration of five (5) business days pending a request for review by the DoF within the time periods set forth in HSC 34179(h), as amended by Assembly Bill No. 1484, approved by the Governor on June 27, 2012. In this regard, if the DoF requests review hereof, it will have 40 days from the date of its request to approve this Oversight Board action or return it to the Oversight Board for reconsideration and the action, if subject to review by DoF, will not be effective until approved by DoF. Section 5. The Secretary of the Oversight Board shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 1 oth day of July, 2012. H 11 f 4'41�1' "l; ;`- llf , " 16 ATTEST: Doug Dave tt, Chairman Oversight Board of the Successor Agency to the Tustikbommunity Redevelopment Agency ve,secretary �oa rd of the Successor Agency to Community Redevelopment Agency Oversight Board Resolution 12-04 Page 3 of 4 STATE OF CALIFORNIA COUNTY OF ORANGE )SS CITY OF TUSTIN 1, JERRY AMANTE, Secretary of the Oversight Board of the Successor Agency to the Tustin Community Redevelopment Agency, do hereby certify that the whole number of the members of the Agency Board is seven; that the above and foregoing Resolution No. 12-04 was duly passed and adopted at a regular meeting of the Oversight Board, held on the 10th day of July, 2012, by the following vote: BOARD MEMBER AYES: Davert, Fitzsimons, Amante, Nielsen Puckett, West, Soria (7 BOARD MEMBER NOES: None (0 BOARD MEMBER ABSTAINED: None (0 BOARD MEMBER ABSENT: None (0 Jerj, mote, Secretary rsig hf Board of the Successor Agency to the'Tustin Community Redevelopment Agency 001 N Attachment No. 1 — 3`d Amended Initial Recognized Obligation Payment Schedule ME maim- Oversight Board Resolution 12-04 Page 4 of 4 ATTACHMENT NO. 1 3rd AMENDED INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE January 1, 2012 through June 30, 2012 } a w Z 0 U) z 0 w w cn z w CL z 0 co 0 0 w N z 0 0 0 w w a z w a 0 Ix w CL 04 a C14 ui z I 4) X� (D (D I- 0 0 (A CD U 0 (A (h to 4) T 0 4) tSi z 0, 0 (u cu U cc lo 211 1p 2� F cc M 00 a a cu m 0 era co —0 U -6 Ca M1 cu 0 (D LA c 0 o CCL 0 C: 0 co M ,P :3 a) Q C u 0. :3 w SOM mmai >! 4, — N q !a tL a co LQ 04 oo IQ C14 CD 00 C! 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