HomeMy WebLinkAboutOB Reso No 2012-005RESOLUTION NO. OB- 2012 -005
A RESOLUTION OF THE OVERSIGHT BOARD TO THE
SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF
THE CITY OF LAKE ELSINORE APPROVING THE RECOGNIZED
OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD
OF JANUARY 2012 THROUGH JUNE 2012 PREVIOUSLY
ADOPTED BY THE SUCCESSOR AGENCY AND APPROVING A
FIRST AMENDMENT THERETO SUBJECT TO ADOPTION BY
THE SUCCESSOR AGENCY
WHEREAS, the Oversight Board to the Successor Agency of the Redevelopment
Agency of the City of Lake Elsinore ( "Oversight Board ") has been established to direct
the Successor Agency to take certain actions to wind down the affairs of the former
Redevelopment Agency of the City of Lake Elsinore in accordance with the California
Health and Safety Code; and
WHEREAS, the Redevelopment Agency of the City of Lake Elsinore ( "Agency ")
was engaged in activities to execute and implement the Rancho Laguna Project Area
No. 1 Redevelopment Plan, the Rancho Laguna Project Area No. 2 Redevelopment
Plan and the Rancho Laguna Project Area No. 3 Redevelopment Plan (collectively, the
"Redevelopment Plans ") pursuant to the provisions of the California Community
Redevelopment Law (Health and Safety Code § 33000, et seq.) ( "CRL "); and
WHEREAS, as part of the 2011 -12 State budget bill, the California Legislature
enacted and the Governor signed, companion bill AB X1 26 requiring that each
redevelopment agency be dissolved; and
WHEREAS, an action challenging the constitutionality of AB X1 26 was filed in
the California Supreme Court by the California Redevelopment Association, the League
of California Cities, and two individual cities; and
WHEREAS, on December 29, 2011, the California Supreme Court upheld AB X1
26;
WHEREAS, on January 10, 2012, the City of Lake Elsinore elected to serve as
the Successor Agency to the Redevelopment Agency of the City of Lake Elsinore
pursuant to applicable provisions of the Health and Safety Code; and
WHEREAS, effective February 1, 2012 all redevelopment agencies in California,
including the Redevelopment Agency of the City of Lake Elsinore, were dissolved and
the non- housing assets, properties, contracts, leases, and records of the former
redevelopment agency were automatically transferred by operation of law to the
Successor Agency; and
WHEREAS, Health and Safety Code Section 34169 requires the Successor
Agency to prepare and adopt a "Recognized Obligation Payment Schedule" that lists all
OVERSIGHT BOARD RESOLUTION NO. OB 2012 -005
Page 3
obligations of the former redevelopment agency that are enforceable within the meaning
of subdivision (d) of Section 34167 for six month periods including January 2012
through June 2012; and
WHEREAS, on February 28, 2012, the Successor Agency to the Redevelopment
Agency of the City of Lake Elsinore adopted by Resolution Number SA 2012 -001
approving a Recognized Obligation Payment Schedule for the period of January 2012
through June 2012; and
WHEREAS, subsequent to this meeting on April 10, 2012, it is anticipated that
the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore will
adopt by Resolution a First Amended Recognized Obligation Payment Schedule for the
period of January 2012 through June 2012; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated
herein by reference.
SECTION 2. In order to enable the City of Lake Elsinore, as Successor Agency
to strictly comply with AB X1 26, and based on the Recitals set forth above, the
Oversight Board hereby approves the Schedules attached hereto as Exhibits A and B
as the Recognized Obligation Payment Schedule (ROPS) for the periods of January
2012 through June 2012; and the First Amended Recognized Obligation Payment
Schedule for January 2012 through June 2012, which such amended version is
approved subject to the adoption thereof by the Successor Agency. Pursuant to Health
& Safety Code Section 34173, the Successor Agency's liability, including, but not limited
to, its liability for the obligations on the attached schedule is limited to the total sum of
property tax revenues it receives pursuant to Part 1.85 of AB X1 26.
SECTION 3. The Oversight Board hereby establishes the Recognized Obligation
Payment Schedule (ROPS), pursuant to Health & Safety Code Section 34180(g), for the
period of January 2012 through June 2012, as the First Amended Recognized
Obligation Payment Schedule.
SECTION 4. If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution which can be given effect without the invalid provision or
application, and to this end the provisions of this resolution are severable. The
Oversight Board hereby declares that it would have adopted this Resolution irrespective
of the invalidity of any particular portion thereof.
OVERSIGHT BOARD RESOLUTION NO. OB 2012 -005
Page 3
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a special meeting of the Oversight
Board to the Successor Agency of the Redevelopment Agency of the City of Lake
Elsinore, held this 10 day of April, 2012.
0a
Brian Ti'sd'ale, Chairperson Oversight Board
to the Successor Agency of the
Redevelopment Agency of the City of Lake
Elsinore
AT EST:
yV 'vim
Virginia UBlooFy
Oversight Boa Secretary
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia J. Bloom, Oversight Board Secretary and City Clerk of the City of Lake
Elsinore, California, hereby certify that Resolution No. OB- 2012 -005 was adopted by the
Oversight Board to the Successor Agency of the Redevelopment Agency of the City of
Lake Elsinore, California, at a regular meeting held on the 10 day of April 2012, and
that the same was adopted by the following vote:
AYES: Chairman Tisdale, Vice Chair Schultz, and Board Members Carlson,
Oster, Kelley, Lillibridge and Williams
NOES: None
ABSENT: None
ABSTAIN: None
Virginia J. Zoom, Ci Clerk
Oversight Board S6cretary