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HomeMy WebLinkAboutSA 2018-003SUCCESSOR AGENCY RESOLUTION NO. 2018-003 RESOLUTION OF THE SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE AND DELIVERY OF ITS TAX ALLOCATION REFUNDING BONDS; MAKING CERTAIN DETERMINATIONS RELATING THERETO; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the Health and Safety Code of the State of California and referred to herein as the "Law"), the City Council of the City of Santa Ana (the "City") created the former Community Redevelopment Agency of the City of Santa Ana (the "Former RDA"); WHEREAS, the Former RDA was a redevelopment agency, a public body, corporate and politic duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Law, and the powers of such agency included the power to issue bonds for any of its corporate purposes; WHEREAS, the City agreed to serve as the successor agency (referred to herein as the "Successor Agency') to the Former RDA commencing on February 1, 2012, pursuant to Assembly Bill X1 26 ("ABX1 26"); WHEREAS, on June 27, 2012, as part of the Fiscal Year 2012-2013 State of California budget bill, the Governor signed into law Assembly Bill 1484 ("AB 1484"), which modified or added to some of the provisions of ABX1 26, including provisions related to the refunding of outstanding redevelopment agency bonds and the expenditure of remaining bond proceeds derived from redevelopment agency bonds issued on or before December 31, 2010; WHEREAS, Senate Bill No. 107 ("AB 107"), a follow on bill to ABX1 26 and AB 1484, was enacted on September 22, 2015, and provides additional terms and amendments for operations of a successor agency; WHEREAS, Health & Safety Code Section 34177.5(a)(1) authorizes successor agencies to refund outstanding bonds provided that: (i) the total interest cost to maturity on the refunding bonds or other indebtedness plus the principal amount of the refunding bonds or other indebtedness shall not exceed the total remaining interest cost to maturity on the bonds or other indebtedness to be refunded plus the remaining principal of the bonds or other indebtedness to be refunded; and, (ii) the principal amount of the refunding bonds or other indebtedness shall not exceed the amount required to defease the refunded bonds or other indebtedness, to establish customary debt service reserves, and to pay related costs of issuance; Resolution No. 2018-003 Page 1 of 4 WHEREAS, the Successor Agency has determined, to the extent authorized by California Health and Safety Code Section 34177.5(a), to issue its Successor Agency to the former Community Redevelopment Agency of the City of Santa Ana Tax Allocation Refunding Bonds, in one or more series, one of which may be federally taxable if determined by bond counsel to be required under federal tax law, and with such other name and series designation as shall be deemed appropriate (the "Bonds"), for the purpose of: (i) refinancing certain redevelopment activities of the Former RDA through the refunding of certain outstanding bonds of the Former RDA; (ii) paying the costs of issuing the Bonds; (iii) funding a reserve account and/or providing for a reserve policy or surety for deposit to the reserve account for the Bonds; and, (iv) if advisable, paying for the cost of municipal bond insurance and/or a surety to fund the reserve account for the Bonds in lieu of funding all or a portion of such reserve account with bond proceeds; WHEREAS, there is approximately $5,831,788 of unspent proceeds of the Community Redevelopment Agency of the City of Santa Ana Tax Allocation Bonds (Merged Project Area), 2011 Series A (the "Series 2011 Bonds"), which the Successor Agency expects to apply in accordance with Health and Safety Code Section 34191.4(c)(2) to the defeasance of the Series 2011 Bonds, as specified in its resolution adopted on July 17, 2018; and, WHEREAS, a copy of the Official Statement in preliminary form, a final form of which will be executed by the Successor Agency in connection with the issuance, sale and delivery of the Bonds, is on file with the Secretary of the Successor Agency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA ACTING AS SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DOES HEREBY RESOLVE AS FOLLOWS: 1. Acknowledgement of Prior Approval of Issuance of Bonds. The City Council acting for the Successor Agency, acknowledges that it adopted its resolution on July 17, 2018, and through such resolution it approved the issuance of the Bonds and related financing documents. 2. Approval of Preliminary Official Statement. The form, terms and provisions of the Preliminary Official Statement on file with the Secretary of the Successor Agency are approved, and the Successor Agency hereby approves the distribution of the Preliminary Official Statement to prospective purchasers of the Bonds. The City Manager, or designee ("Authorized Officer," acting for the Successor Agency), is authorized to certify on behalf of the Successor Agency that the Preliminary Official Statement is deemed final as of its date, within the meaning of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934, as amended. Any Authorized Officer is authorized to execute, at the time of sale of the Bonds, said form of Preliminary Official Statement, as revised to include pricing information in the form of a final Official Statement (the "Official Statement'), with such changes and insertions therein as may be necessary to cause the same to carry out the intent of this Resolution and as are approved by counsel to the Successor Agency, such approval to be conclusively evidenced by the delivery thereof. Resolution No. 2018-003 Page 2 of 4 3. Ratification of Direction to Apply Unspent Proceeds. The City Council acting for the Successor Agency, ratifies and confirms its direction to transfer unspent proceeds of the Series 2011 Bonds in the amount of approximately $5,831,789 (as of August 31, 2018) and/or the amount upon closing of the financial transaction to the respective redemption fund, and to apply such proceeds to defease an equal amount of outstanding Series 2011 Bonds, as specified in its resolution adopted on July 17, 2018, in accordance with Health & Safety Code Section 34191.4(c). 4. Other Acts. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things to execute and deliver any and all documents, which in consultation with Orrick, Herrington & Sutcliffe LLP, the Successor Agency's bond counsel, they may deem necessary or advisable in order to consummate the issuance, sale and delivery of the Bonds, or otherwise effectuate the purposes of this Resolution, and any and all such actions previously taken by such officers or staff members are hereby ratified and confirmed. 5. Effective Date. This Resolution shall take effect upon adoption. ADOPTED this 2nd day of October, 2018. APPROVED AS TO FORM: Sonia R. Carvalho. City Attorney AYES: NOES: Councilmembers Benavides, Martinez, Pulido, Solorio, Tinalero Villegas (6) Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers None (0) None (0) Sarmiento (1) Resolution No. 2018-076 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-003 to be the original resolution adopted by the City Council acting as the Successor Agency on October 2, 2018. Date: /�O � s �g4'V.f r/ � Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2018-003 Page 4 of 4