HomeMy WebLinkAbout0005_2_A - ResolutionRESOLUTION NO. OB-2016-___
A RESOLUTION OF THE OVERSIGHT BOARD TO THE SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE, CALIFORNIA APPROVING THE AMENDED RECOGNIZED
OBLIGATION PAYMENT SCHEDULE (ROPS 16-17B) FOR JANUARY 1,
2017 THROUGH JUNE 30, 2017 AND MAKING A FINDING WITH
RESPECT THERETO
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 (the “Agency”) in accordance with the California Health & Safety Code; and,
Whereas, Senate Bill (SB) 107, enacted in September 2016, added Health & Safety Code
(“HSC”) Section 34177(o) requiring the Successor Agency to prepare and adopt a “Recognized
Obligation Payment Schedule” that lists all obligations of the former redevelopment agency that
are enforceable within the meaning of subdivision (d) of Section 34171 for twelve month
periods, including July 2016 through June 2017; and,
Whereas, SB 107 permits an amended ROPS 16-17B for the period January 1, 2017 through
June 30, 2017 to be submitted to the Department of Finance and the State Controller’s office,
after approval by the Oversight Board, no later than October 3, 2016 or be subject to penalties;
and,
Whereas, HSC Section 34177.7(o)(1)(E), permits an Amended ROPS 16-17B provided that the
Oversight Board makes a finding that a revision to the ROPS is necessary for the payment of
approved enforceable obligations during the ROPS 16-17B period, and,
Whereas, on September 27, 2016, the Successor Agency of the Redevelopment Agency of the
City of Lake Elsinore considered and approved the Amended Recognized Obligation Payment
Schedule 16-17B for the period January 1, 2017 through June 30, 2017; and,
Whereas, the Oversight Board desires to make a finding that a revision to the ROPS is
necessary for the payment of enforceable obligations during the second half of the ROPS period
and approve the Amended Recognized Obligation Payment Schedule (ROPS 16-17B) for
January 1, 2017 through June 30, 2017, in the form attached as Exhibit A; 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.The Oversight Board hereby approves the Schedule attached hereto as Exhibit A
as the Amended Recognized Obligation Payment Schedule 16-17B for the period January 1,
2017 through June 30, 2017. 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
Resolution No. OB-2016-___
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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 finds that a revision to the ROPS is necessary for the
payment of enforceable obligations during the second half of the ROPS period, January 1, 2017
through June 30, 2017.
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.
Section 5.Pursuant to Health and Safety Code Section 34179(h), this Resolution shall be
effective five (5) business days after proper notification hereof is given to the California
Department of Finance unless the California Department of Finance requests a review of the
actions taken in this Resolution, in which case this Resolution will be effective upon approval by
the California Department of Finance.
Passed, Approved and Adopted by the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore, California, this 29th day of September,
2016.
Genie Kelley, Chair
ATTEST:
Susan M. Domen, MMC
Oversight Board Secretary
Resolution No. OB-2016-___
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, Secretary of the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore, California, hereby certify that Resolution
No. OB - 2016- was adopted by the Oversight Board to the Successor Agency of the
Redevelopment Agency of the City of Lake Elsinore at a Regular meeting held on the 29th day
of September, 2016 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Susan M. Domen, MMC,
Oversight Board Secretary
EXHIBIT A
AMENDED ROPS 16-17B
[attached]