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Home My WebLink About12-15 SARDA Resolution RESOLUTION NO. SARDA 12-15 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY 1, 2013 THROUGH JUNE 30, 2013 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. B. ABX1 26 and ABX1 27 were signed by the Governor of California on June 29, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). C. The California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that ABX1 26 and ABX1 27 were unconstitutional. R:/SARDA Resos 2012/SARDA 12-15 1 D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from ABX1 27 and enforced independently. E. The Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 201 Z to take effect four months later. F. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. G. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. H. The City Council of the City of Temecula, Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). I. Health and Safety Code Section 34177(I), as modified by the California Supreme Court, provides that by March 1, 2012, the Successor Agency must prepare a draft initial Recognized Obligation Payment Schedule for the enforceable obligations of the former Redevelopment Agency, in accordance with the requirements of paragraph (I). The draft schedule must be reviewed and certified, as to its accuracy, by an external auditor designated at the county auditor-controller's direction pursuant to Health and Safety Code Section 34182. The certified Recognized Obligation Payment Schedule must be submitted to and approved by the oversight board. Finally, after approval by the oversight board, a copy of the approved Recognized Obligation Payment Schedule must be submitted to the county auditor-controller, the State Controller and the State Department of Finance ("DOF"), and be posted on the Successor Agency's web site. J. Accordingly, the Board desires to adopt this Resolution approving the Recognized Obligation Payment Schedule for the periods of January 1, 2013 through June 30, 2013 in accordance with Part 1.85. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34177. Section 3. The Board hereby approves the Recognized Obligation Payment Schedule for the periods of January 1, 2013 through June 30, 2013 substantially in the form attached as Exhibit A to this Resolution and incorporated herein by reference (the "ROPS"). The Executive Director of the Successor Agency, in consultation with the R:/SARDA Resos 2012/SARDA 12-15 2 Successor Agency's legal counsel, may modify the ROPS as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable. Section 4. The Board hereby designates the Chief Financial Officer as the official to whom the DOF inay make requests for review in connection with the ROPS and who shall provide the DOF with the telephone number and e-mail contact information for the purpose of communicating with the DOF. Section 5. Staff is hereby authorized and directed to post a copy of the Oversight Board-approved ROPS No. 3 on the Successor Agency's Internet Website (being a page on the Internet website of the City of Temecula). Section 6. The officers and staff 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 submitting the certified Recognized Obligation Payment Schedule to the oversight board for approval and requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 7. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 28 of August, 2012. � � � Chuc as ' n, Chairperson ATTEST: Susan . Jo es, MMC rk/Bo d Secreta [S EAL] R:/SARDA Resos 2012/SARDA 12-15 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 12-15 was duly and regularly adopted by the Board Members of the Successor Agency to the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 28 day of August, 2012, by the following vote: AYES: 5 BOARD MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAIN: 0 BOARD MEMBERS: None C.CJ Susan W. Jones, MMC ' Clerk/ ard Secretary R:/SARDA Resos 2012/SARDA 12-15 4 ' s � SUMMARY OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE Filed for the January 1, 2013 to June 30, 2013 Period Na11le of SUCCesSO� AgenCy: Successor Agency to the Temecula Redevelopment Agency Total Outstanding Debt or Obli ation Outstanding Debt or Obligatlon S 798,025,153 Current Period Outstanding Debt or Obli ation Six-Month ToWI A Available Revenues Other Than Anticipated RPTTF Funding g�yqg�gq� B Anticipated Enforceable Obligations Funded with RPTTF 3,744;364 C Anticipated Administrative Allowance Funded with RPTTF 125,000 D Total RPTTF Re uested B+ C= D 3 868 384 Total Current Period Outstanding Debt or Obligation (A + B+ C= E) shourd be rhe same amounr as RoPS rorm six-monrh torar E 10118 231 E Enter Total Six-Month Anticipated RPTTF Funding (obra;n �rom counry audrtor-conrroner) 3,869,384 F Variance E- D= F Maximum RPTTF Allowable shoufd rrot exceed Total Anficipated RPTTF Funding $ - Prior Period (January 1, 2012 through June 30, 2012) Estimated vs. Actual Payments (as required in HSC section 34186 (a)) G Enter Estimated Obligations Funded by RPTTF (Should be the lesser ol Finance's approved RPTTF amount Including admin allowarrce or the actual amount disni6uted) 3,744,384 H Enter Actual Obligations Paid with RPTTF 2,938,7ot I Enter Actual Administrative Expenses Paid with RPTTF 125.000 J Ad'ustment to Redevelo ment Obli ation Retirement Fund G- H+ I= J 880 683 K Adjusted RPTTF (The total RPTTF requested shall be adjusted if ac�ual obligations paid with RPTTF are less than the estimated obligation amount.) E 3,188,707 Certification of Oversight Board Chairman: Pursuant to Section 34177(m) of the Health and Safety code, Name Title . I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named agency. Signature Date i I � ( � F R � h . � � ^ « 8 $ � $ � < � � 8 8 �$$�� 9 _ � O �m �mm�°"a °a G�m� °$�� a a� ¢ � m o � � E c a � o � a ° m�� m � � �� s m � b a . i E - ��5 �m^m°��$le�� i� A��'��R�mR�� o'�S= � �BnSW�m�NprB^RSR�nm88 - _ ��e oRm�Rm�rS8� F �� . 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