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HomeMy WebLinkAbout A_ FULL PACKET_2012-04-02MINUTES OF THE SPECIAL MEETING OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE: MARCH 19, 2012 POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA SANTA ANA, CA 7:14 P.M. MEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO MEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None REGULAR BUSINESS ITEM 1. RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO ABX1 26 MOTION: Receive and file the Recognized Obligation Payment Schedule acting as Successor Agency to the former Community Redevelopment Agency of the City of Santa Ana. MOTION: Sarmiento VOTE: AYES: NOES: SECOND: Tinajero Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) None (0) SUCCESSOR AGENCY MINUTES 1 MARCH 19, 2012 1-1 ABSTAIN: ABSENT: None (0) None (0) COMMENTS 2. CITY COUNCIL ACTING AS GOVERNING BODY OF THE SUCCESSOR AGENCY COMMENTS - None ADJOURNED - 7:14 P.M. Maria D. Huizar, Clerk of the Council SUCCESSOR AGENCY MINUTES 2 MARCH 19, 2012 1-2 CLERK OF COUNCIL USE ONLY: APRIL 2, 2012 TITLE: COOPERATIVE AGREEMENT BETWEEN CITY AND SUCCESSOR AGENCY, SUCCESSOR AGENCY ADMINISTRATIVE BUDGET AND COOPERATIVE AGREEMENT RESOLUTION APPROVED D As Recommended ? As Amended O Ordinance on 1st Reading D Ordinance on 2nd Reading O Implementing Resolution O Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION CITY COUNCIL ACTION Approve and authorize the City Manager and Clerk of the Council to execute the attached Cooperative Agreement with the City of Santa Ana, acting as Successor Agency to the former Community Redevelopment Agency of the City of Santa Ana (Successor Agency) for reimbursement of financial, administrative, and operational services, subject to non-substantive changes approved by the City Manager and City Attorney, and Oversight Board approval pursuant to Sections 34171(d)(1)(F) and 34178(a) of the Dissolution Act . SUCCESSOR AGENCY ACTION Approve and authorize the City Manager and Clerk of the Council to execute the attached Cooperative Agreement with the City of Santa Ana (City) for reimbursement of financial, administrative, and operational services, subject to non-substantive changes approved by the City Manager and City Attorney, and Oversight Board approval pursuant to Sections 34171(d)(1)(F) and 34178(a) of the Dissolution Act. 2. Adopt a resolution approving the Successor Agency's proposed Administrative Budget for February 1, 2012 through June 30, 2012 and authorizing the Successor Agency to enter into an agreement for reimbursement of financial, administrative and operational services, subject to Oversight Board approval pursuant Sections 34171 and 34177(j) of the Dissolution Act. 2-1 Cooperative Agreement Between City And Successor Agency, Successor Agency Administrative Budget and Cooperative Agreement Resolution April 2, 2012 Page 2 DISCUSSION On January 9, 2012, City Council adopted Resolution No. 2012-002 and designated the City of Santa Ana as the Successor Agency for the former Community Redevelopment Agency of the City of Santa Ana (Successor Agency), and the Housing Authority of the City of Santa Ana as the Successor Housing Agency pursuant to California Health and Safety Code Section 34176. On February 1 , 2012, the former redevelopment agency was dissolved and the City assumed the role of the Successor Agency. Additionally, on March 1 , 2012, the required Recognized Obligation Payment Schedule CROPS) was prepared and posted on the City's website for the period covering January -June 2012, and received and filed by the Successor Agency on March 19, 2012. Further actions are now proposed in furtherance of ABX1 26, the Dissolution Act. Dissolution Act Section 34177Q), as modified by the Supreme Court's opinion in the matter of California Redeve/opment Association, et a/. v. Ana Matosantos, requires the Successor Agency to prepare a proposed "Administrative Budget" covering the period from February 1 , 2012 through June 30, 2012 and submit it to the Oversight Board for approval. Pursuant to Section 34177(j), the Administrative Budget is to include the estimated amounts of the Successor Agency's administrative costs for the six-month fiscal period (first period is February 1, 2012 to June 30, 2012 based on reformed dates), the proposed sources of payment for the identified costs, and proposals for arrangements for administrative and operations services provided by the City to the Successor Agency. Attached is the proposed Successor Agency Administrative Budget (Exhibit 1) to be submitted to the Oversight Board of the Successor Agency for approval at their April 1 O meeting. Following the Oversight Board action pursuant to Section 34177(k), the Successor Agency would then provide the administrative cost estimate from the approved Administrative Budget that are to be paid from the property tax revenues deposited into the Redevelopment Property Tax Trust Fund for the six month period through June 30, 2012 to the County of Orange Auditor-Controller. Additionally, to ensure provision of the necessary services from the City to support Successor Agency responsibilities in winding down the activities of the former redevelopment agency and under the proposed Administrative Budget, it is necessary that the City and the Successor Agency enter into an agreement (Exhibit 2) for reimbursement of costs incurred by City to support Successor Agency operations and obligations [pursuant to Sections 34171(d)(1)(F) and 34178(a) of the Dissolution Act]. This agreement is also subject to Oversight Board approval. FISCAL IMPACT California Health and Safety Code Section 34173(e) stipulates that "the liability of any successor agency, acting pursuant to the powers granted under the act adding this part, shall be limited to the extent of the total sum of property tax revenues it receives pursuant to this part and the value of 2-2 Cooperative Agreement Between City And Successor Agency, Successor Agency Administrative Budget and Cooperative Agreement Resolution April 2, 2012 Page 3 assets transferred to it as a successor agency for a dissolved redevelopment agency." Thus, the City's obligations as Successor Agency are limited by the amount of property taxes and the value of assets it receives in its role as the Successor Agency. Nancy T. Ed rds Interim Exec ive Director Community Development Agency NTE/SG/mlr EXHIBITS: 1. Resolution 2. Cooperative Agreement 2-3 2-4 SUCCESSOR AGENCY RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACTING AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY ADOPTING AND APPROVING THE SUCCESSOR AGENCY'S PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(j), AND AUTHORIZING THE SUCCESSOR AGENCY TO ENTER INTO AN AGREEMENT WITH THE CITY OF SANTA ANA FOR REIMBURSEMENT OF FINANCIAL, ADMINISTRATIVE AND OPERATIONAL SERVICES PURSUANT TO HEALTH AND SAFETY CODE SECTION 34171; AND MAKING OTHER FINDINGS IN CONNECTION THEREWITH BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1 . The City Council of Santa Ana, acting as Successor Agency, hereby finds, determines and declares as follows: A. The Community Redevelopment Agency of the City of Santa Ana ("Agency") was established as a redevelopment agency that was previously organized and existing under the California Community Redevelopment Law, Health and Safety Code Section 33000, et seq. ("CRL"), and previously authorized to transact business and exercise powers of a redevelopment agency pursuant to action of the City Council of the City of Santa Ana ("City"). B. Assembly Bill x1 26 added Parts 1.8 and 1.85 to Division 24 of the California Health & Safety Code, which laws cause the dissolution and wind down of all redevelopment agencies ("Dissolution Act"). C. On December 29, 201 1 , in the petition Ca/ifornia Redeve/opment Association v. Matosantos, Case No. S194861 , the California Supreme Court upheld the Dissolution Act and thereby all redevelopment agencies in California were dissolved as of and on February 1 , 2012 under the dates in the Dissolution Act that were reformed and extended thereby ("Supreme Court Decision"). D. The Agency is now a dissolved redevelopment agency pursuant to the Dissolution Act. E_ By a resolution considered and approved by the City Council at an open public meeting the City chose to become and serve as the "Successor Agency" to the dissolved Agency under the Dissolution Act. The Housing Authority was designated the "Successor Housing Agency", at said meeting as well. EXHIBIT 1 2-5 F. As of and on and after February 1 , 2012, the City serves and acts 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 aseven-member oversight board ("Oversight Board"). G. Health and Safety Code Section 34177(j), as modified by the Supreme Court decision, requires the Successor Agency to prepare a proposed administrative budget covering the period from February 1 , 2012 through June 30, 2012 and submit it to the Oversight Board for approval. H. Pursuant to Section 34177Q), the Successor Agency's "Administrative Budget" is to include all of the following: (a) estimated amounts of the Successor Agency's administrative costs for the up-coming six month fiscal period; (b) the proposed sources of payment for the costs identified in (a); and (c) proposals for arrangements for administrative and operations services provided by the City serving as Successor Agency. I. Pursuant to Section 34180(h) the Successor Agency may request authorization from the Oversight Board for the Successor Agency and the City of Santa Ana to enter into an agreement to ensure provision of the necessary services from the City to support Successor Agency responsibilities in winding down the activities of the former community redevelopment agency, including the estimated costs set forth in the Administrative Budget. J. The Successor Agency desires to enter into that certain "Cooperative Agreement Between the City of Santa Ana and the City Acting as the Successor Agency for the Former Community Redevelopment Agency" ("Cooperative Agreement"), which agreement will authorize the reimbursement of costs incurred by the City to support Successor Agency operations and obligations. K. Pursuant to the Dissolution Act, the actions of the Oversight Board, including those approved by this Resolution, do not become effective for three (3) business days pending any request for review by the Department of Finance ("DOF"), and if the DOF requests review hereof, DOF will have 10 days from the date of its request to approve the 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. L. Health and Safety Code Section 34173(e) provides that "the liability of any successor agency, acting pursuant to the powers granted under the act adding this part, shall be limited to the extent of the total sum of property tax revenues it receives pursuant to this part and the value of assets transferred to it as a successor agency fora dissolved redevelopment agency." Thus, the City's obligations as Successor Agency are limited by the amount of property taxes and the value of assets it receives in its role as the Successor Agency. NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY: 2-6 Section 2. The foregoing recitals are incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 3. Pursuant to the Dissolution Act, the Successor Agency approves the proposed Administrative Budget, attached hereto as Attachment No. 1 and incorporated by this reference. Such approval is conditional upon approval of the Oversight Board. Section 4. Pursuant to the Dissolution Act, the Successor Agency is authorized to enter into the Cooperative Agreement with the City substantially in the form of the Agreement attached hereto as Attachment No. 2 and incorporated by this reference. Such approval is conditional upon approval of the Oversight Board. Section 5. Upon authorization of the Oversight Board, the Successor Agency shall transmit the Administrative Budget to the County Auditor-Controller. Section 6. The Clerk of the Council shall certify the adoption of this Resolution. 2-7 ADOPTED this day of April 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012- to be the original resolution adopted by the City Council in its role as the Successor Agency on April _, 2012. Date: Maria D. Huizar, Clerk of the Council 2-8 Attachment 1 CITY OF SANTA ANA, ACTING AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PROPOSED ADMINISTRATIVE BUDGET FOR FEBRUARY 1, 2012 -JUNE 30, 2012 l Successor AgenCj/ ? _ .ap . ?5tlm?ted ?,I?ou#s Staff Support (FOPS, ROPS, Admin Budget, Records Management, etc.) 1 $ 642,000 Brown Act requirements (agendas, minutes, etc.) 46,500 Supplies, printing, telephones, misc. items 17,000 _ Consultants (legal, financial, etc.) _ 121,000 Subtotal $ 826,500 Oversight Board Staff Support (research, reporting, etc.) 1 $ 36,500 Brown Act requirements (agendas, minutes, etc.) 18,000 Supplies, printing, misc. items 3,000 Training and Transportation Subtotal $ $ 57,500 7,300 Delivery Charges __ 1,550 Buildin Rental 55,000 Rental Cit E ui ment 9,850 Com uter Services Char a 7,100 IS Strate is Plan 95,000 Insurance Char es 93,000 Subtotal $ 268,800 5har? of Ck?'s? A}18L)trci: PCn - ?' ?< .- ? f ? W <,,...; t ..,... Indirect Costs $ 97,200 Subtotal $ 97,200 TOTAL ESTIMATED AMOUNT $ 1,250,000 The estimated amount of the Administrative Budget for the five month period covering February through June 2012 is to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund. ? Includes salaries, wages, and all fringe benefits offered by the City to employees- 2-9 2-10 COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE CITY OF SANTA ANA ACTING AS THE SUCCESSOR AGENCY FOR THE FORMER COMMUNITY REDEVELOPMENT AGENCY FOR FINANCIAL, ADMINISTRATIVE, AND OPERATING SERVICES THIS COOPERATIVE AGREEMENT made and entered into this day of Apri12012, by and between the City of Santa Ana, a charter city and municipal corporation, organized and existing under the laws of the State of California, hereinafter referred to as "City," and the City of Santa Ana acting as the successor agency for the former Community Redevelopment Agency of the City of Santa Ana, hereinafter referred to as "Successor Agency." RECITALS: A. The Community Redevelopment Agency of the City of Santa Ana ("Agency") was established as a community redevelopment agency that was previously organized and existing under the California 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 of the City. B. The Housing Authority of the City of Santa Ana is a housing authority and public body corporate and politic organized, existing, and operating pursuant to the California Housing Authorities Law, Health and Safety Code Sections 34200, et seq. C. Assembly Bill Xl 26 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 in California ("Dissolution Act"). D. On December 29, 2011, the California Supreme Court upheld the Dissolution Act and thereby all redevelopment agencies in the State of California were dissolved effective February 1, 2012. E. By resolution considered and approved by the City Council at an open public meeting on January 9, 2012, the City chose to become and serve as the "Successor Agency" to the dissolved Agency under the Dissolution Act, and chose for its Housing Authority to become the "Successor Housing Agency". All of the assets, properties, contracts, leases and records of the former Agency (except for most affordable housing assets) were automatically transferred by operation of law to the City acting as Successor Agency. F. As of February 1, 2012, the City serves as the Successor Agency and will perform its fiuzctions as the Successor Agency under the Dissolution Act to administer the enforceable EXHF$IT 2 2-11 obligations of the Agency and otherwise unwind the Agency's affairs, all subject to the review and approval by a seven member Oversight Board formed thereunder. City as Successor Agency is engaged in activities necessary and appropriate to winding down the activities of the former Agency's Merged Project Area consisting of six (6) project areas that were originally adopted and amended by ordinances of the City Council. G. Employees of the City will perform day-to-day administration and operation of the Successor Agency's duties and functions. Since the Agency was originally formed, and upon Successor Agency's effectiveness as of February 1, 2012, the City has provided and shall continue to provide services to the Successor Agency, including but not limited to administrative, accounting, auditing, planning, purchasing, engineering, legal, risk management, fmancial, clerical, record keeping, and other services necessary for the Successor Agency to carry out its responsibilities. H. The City and Successor Agency desire to affirm and document an on-going cooperative arrangement regarding administrative, financial, and operational services and payment for services and goods by entering into a new contract whereby City agrees to provide operational and administrative services and Successor Agency agrees to pay City for the cost of said services to be provided by City for Successor Agency in an amount equal to the Successor Agency Administrative Budget prepared pursuant to Health and Safety Code Section 34177 (j) and program and project expenses defined hereinbelow for each six-month fiscal period under the term of this Agreement, and approved by the Oversight Board. I. The parties agree and acknowledge that this Agreement is subject to Oversight Board review and approval and that the Oversight Board's actions shall not become effective for three business days, pending any request for review by the California Department of Finance ("DOF"). If DOF requests review of the Board action, it shall have ten days from the date of its request to approve the Boazd action or return it to the Board for reconsideration, and the action, if subject to review by DOF, shall not be effective until approved by DOF. NOW THEREFORE, for and in consideration of their mutual covenants and promises, hereinafter set forth, and subject to the terms, conditions and other provisions of this Agreement hereinafter set forth, the parties hereto do hereby agree as follows: 1. Reimbursement of Administrative Expenses. The Successor Agency shall be liable to the City for the payment of its Administrative Expenses as set forth in this Agreement and as adopted as part of an Administrative Budget by the Successor Agency, as approved by the Oversight Board, as such Administrative Budget may be amended, revised or reconciled from time to time. These Administrative Expenses shall be in addition to any direct program or project expenses ("Project Expenses") incurred and noted on the Enforceable Obligations Payment Schedule ("EOPS") and in the Recognized Obligation Payment Schedule ("ROP5"), including salary and benefits of employees, and any contracts for goods and services funded by the Successor Agency for Project Expenses. The Successor Agency shall also be liable to the City for payment of these Project Expenses where they are adopted as part of the EOPS or ROPS. 2-12 2. Services to be Provided. City agrees to continue to aid and cooperate in the planning, undertaking, construction and operation of remaining enforceable obligations of the Successor Agency previously incurred by the former Agency within the City, provided the cost of such services are paid by Successor Agency. At the request of Successor Agency through the City Manager and duly authorized designees, City and its officers and employees shall perform services for Successor Agency in carrying out its work related to meeting the former Agency's enforceable obligations and for winding down the activities of the former Agency and shall have the access to any and all personnel, equipment, necessary and applicable contracts and consultant agreements, goods and the facilities of the' departments and offices of the City. Those City officers and employees who are also performing work with or related to the Successor Agency shall perform services for each agency in a dual capacity. The City Manager, and other appropriate City officials on behalf of the City, and the Executive Director of the former Agency, and other appropriate Successor Agency staff on behalf of the Successor Agency, and their duly authorized designees shall determine and establish the procedures to be followed in requesting and rendering such services. The costs of administrative services shall be considered Administrative Expenses in the Administrative Budget. The costs of other Successor Agency Project Expenses which are supported by City services are identified in line items on the EOPS or ROPS and not part of the estimated Administrative Expenses identified in Section 1. 3. Meeting Facilities. City agrees to make available to Successor Agency which office space and meeting space as is necessary for conducting meetings and the business of such agency, including use of the City Council Chambers, City Hall and appropriate conference room(s) for open public meetings, closed session meetings, and study session meetings of the Successor Agency and Oversight Board, and meetings of Successor Agency staff, counsel, consultants, and other representatives. Each entity shall use such space in accordance with the rules and regulations of the City as applicable to other buildings and offices of the City. 4. 5ucceedin? Years during Term of Agreement. The procedure set forth herein shall be undertaken by Successor Agency, the Oversight Board, and City for each successive six-month fiscal period during the term of this Agreement based on each approved Administrative Budget and ROPS prepared pursuant to the Dissolution Act. 5. City Cost Allocation Plan: Estimated Cost of Administrative Services and Facilities Expenses shall be calculated in the manner set forth in the City's cost allocation plan, or other applicable reasonable cost allocation and accounting plan approved by the parties that conforms with generally accepted accounting principles and that is generally applicable to all users of services and facilities of the City. The specific costs to be allocated herein shall be based upon the cost of the following categories of services: 5.1 Wage and Benefits Successor Agency. Wage and Benefit expenses incurred in connection with City employees described to perform administrative services or certain work for Successor Agency associated with "Project Expenses" (related to enforceable obligations), include salaries, wage and fringe benefit administration (including, but not limited to, medical and 3 2-13 life insurance, retirement system, vacation and sick leave provisions). The Successor Agency shall follow the City's Personnel Policy and labor contracts, rules and regulations, including procedures affecting conflict of interest, use of funds and procedures on hiring and firing. The costs attributable to employees who devote less than 100% of their time to the Successor Agency shall be allocated in accordance with the City's costs allocation plan. 5.2 General Overhead. A general indirect administrative operating expense and overhead support charge which shall be determined in accordance with the City's cost allocation plan and Successor Agency's Administrative Budget. 5.3 Specific Services. All expenses that City may actually incur in providing specific administrative services on behalf of Successor Agency include, but are not limited to: audit services, lease of space to accommodate Successor Agency's activities, City Treasurer service, property insurance for Successor Agency's properties, contracts for real estate, data and information, records, department supplies and equipment, mail and postage services, equipment maintenance and IT support. Operational services which relate to specific program and projects, including but not limited to project management, legal services, engineering design, real estate services, construction management, planning, contract costs, contract administration, inspection, surveys shall not be considered administrative services but direct specific program and project expenditures ("Project Expenses"). 6. Provisions Severable. If any provision of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. The City Council and Successor Agency each hereby declare that it would have approved this Agreement irrespective of the invalidity of any particular portion thereof. 7. Effective Date of Agreement. This Agreement shall become effective as of the first day noted above and shall continue thereafter until modified or terminated by the parties hereto. This Agreement is subject to Oversight Board review. 8. Miscellaneous Provisions. A. Brown Act. The Successor Agency meetings are noticed, open and public as required by the Ralph M. Brown Act (Government Code section 54950, et seq., as amended). B. Public Records Act. The Successor Agency complies with the Public Records Act (Government Code section 6250, et. seq, as amended) and unless a records clearly falls within an exception, such records are made available to the public in compliance with the City's policies and procedures. 4 2-14 C. Political Reform Act. The Successor Agency board members comply with the conflict of interest rules promulgated by the Political Reform Act in conformity with State law[Goveizunent Code Section 87300, as amended]. D. CEOA Guidelines. The Successor Agency shall follow City policies and procedures with regard to CEQA. E. Governine Law. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. F. Amendment. This Agreement may be amended as the parties hereto may mutually agree by an instrument in writing executed by the parties hereto. G. Newsuaner of General Circulation. The Successor Agency shall follow City policies and procedures as to designation of the newspaper of general circulation which will be used when the Successor Agency is required to give notice regazding matters within the community (Government Code Section 6040, as amended). H. Review of Bond Document Covenants. The Successor Agency has established a routine audit and control procedure that ensures that the Successor Agency's ongoing activities comply with the bond document covenants. 2-15 IN WITNESS WHEREOF, the parties hereto have executed this Cooperative Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA By: Paul Walters Interim City Manager ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph Straka Interim City Attorney/General Counsel By: Lisa E. Storclc Assistant City Attorney/Asst. Counsel CITY AS SUCCESSOR AGENCY By: Paul Walters Interim City Manager RECOMMENDED FOR APPROVAL: By: Nancy T. Edwards Interim Executive Director Commugity Development Agency 6 2-16 REQUEST FOR , SUCCESSOR AGENCY ACTION MEETING DATE: APRIL 2, 2012 TITLE: OVERSIGHT BOARD MEMBERSHIP ROSTER _ fA-0--CITY MANAGER RECOMMENDED ACTION CLERK OF THE COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Implementing Resolution ? Other CONTINUED TO FILE NUMBER Receive and file the Santa Ana Oversight Board membership roster. DISCUSSION ABX1 26 eliminated redevelopment agencies throughout the State effective February 1, 2012. In accordance with Health and Safety Code Section 34173, the City of Santa Ana has elected to serve as the Successor Agency to the former Santa Ana Redevelopment Agency to wind down the affairs of the Agency. Most of the Successor Agency's activities are subject to review and approval by an Oversight Board. The Oversight Board has a fiduciary responsibility to holders of enforceable obligations and to the taxing entities that benefit from distribution of property tax and other revenue. The actions of the Oversight Board may, in turn, be reviewed by the State Department of Finance. The Oversight Board is to be comprised of seven appointees from affected taxing entities and the community that created the redevelopment agency. The membership of Santa Ana's Oversight Board is to be made up of the following individuals (Exhibit 1): 1. Two members appointed by the County Board of Supervisors (Exhibit A); 2. One member appointed by the largest special district taxing entity with territorial jurisdiction of the former redevelopment agency. This has been determined to be the Orange County Sanitation District (Exhibit B); 3. One member appointed by the County Superintendent of Education (Exhibit C); 4. One member appointed by the Chancellor of the California Community Colleges (Exhibit D); 5. One member appointed by the Mayor (Exhibit E); 6. One member that was employed by the former redevelopment agency and appointed by the Mayor (Exhibit E). 3-1 Oversight Board Membership Roster April 2, 2012 Page 2 The members of the Oversight Board shall serve at the pleasure of the entity that appointed such member. The Oversight Board's first meeting is tentatively scheduled for April 10, 2012. FISCAL IMPACT There is no fiscal impact associated with this action. Cat& Nancy T. Ed rds Interim Exec ive Director Community Development Agency NTE/SG/mlr Exhibit: 1. Oversight Board Membership Roster 3-2 CITY OF SANTA ANA OVERSIGHT BOARD APPOINTED MEMBERS JOHN ACOSTA - APPOINTED BY THE COUNTY BOARD OF SUPERVISORS JOE DIXON - APPOINTED BY THE COUNTY SUPERINTENDENT OF EDUCATION MARK McLOUGHLIN - APPOINTED BY THE CHANCELLOR OF THE CALIFORNIA COMMUNITY COLLEGES MARC MORLEY - EMPLOYEE OF THE FORMER COMMUNITY REDEVELOPMENT AGENCY - MAYORAL APPOINTEE VINCENT F. SARMIENTO - MAYORAL APPOINTEE JULIE STROUD - APPOINTED BY THE COUNTY BOARD OF SUPERVISORS SAL TINAJERO - APPOINTED BY THE ORANGE COUNTY SANITATION DISTRICT (LARGEST SPECIAL DISTRICT) z EXHIBIT 1 3-3 a ORANGE COUNTY BOARD OF SUPERVISORS A g e n d a R e v i s i o n s a n d S u p p l e m e n t a I s Note: This supplemental agenda is updated daily showing items that have been added continued, deleted or modified No new supplemental items will be added to this agenda following late Friday's posting. March 6, 2012 DISCUSSION 17. Continued to 3/20/12, 9:30 a.m. 18. Continued to 3/27/12, 9:30 a.m. 20. Continued to 3/20/12, 9:30 a.m. 22. Continued to 3/20/12, 9:30 a.m. 24. Revised Title to read: County Executive Office - Approve recommended positions on introduced or amended legislation and consider other legislative subject matters; and adopt resolution supporting AB 1455, High Speed Rail - All Districts 26. Revised Title to read and continued appointments of Cheryl Brothers, Fountain Valley, Tony Lam. Westminster and Ken Sprague, Westminster to 3/20/12, 9:30 a.m.: Chairman Moorlach - Approve appointments of Thomas Dean to the positions slot to be nominated by Chair of the Board of Supervisors slot and Bill Steiner to the position slot to be nominated by the Board of Supervisors slet on the Oversight Board of the Successor Agency to the Orange County Development Agency and Doug Shively, Anaheim; Kent Forte and Don Parker, Brea; David Zenger, Buena Park; GheFy l Brothers, to the First District slot of the Fountain Vafley; Craig Walker and Scott Stanford, Fullerton; Supervisor Nguyen and Christy Delp, Garden Grove; Linda Steves and Ron Shepard, La Habra; Bill Heaton and Ed Garcia, Placentia; John Acosta and Julie Stroud, Santa Ana; T'ei#, Lam an Ken rrv,. ue W-est,M;, . tell to the respective Oversight Boards of the Successor Agent) Agencies to the City Redevelopment Agencies (Continued from 2/28/12, Item S51C) 27. Deleted CLOSED SESSION CS-1. Deleted THE FOLLOWING AGENDA ITEMS HAVE HAD CHANGES TO THEIR RECOMMENDED ACTIONS SINCE RELEASE OF THE AGENDA TO THE PUBLIC: Items: 24 & 26 REVISIONS AND SUPPLEMENTALS TO MARCH 6, 2012 AGENDA - PAGE 1 OF 2 Document last updated: 3/6/2012 8:58 AM EXHIBIT A 3-4 Wednesday, March 28, 2012 Orange County Sanitation District 6:30 P.M. Regular Meeting of the +' ,y Board Room Board of Directors 10844 Ellis Avenue Fountain Valley, CA 92708 (714) 593-7130 AGENDA INVOCATION AND PLEDGE OF ALLEGIANCE: (Michael Levitt, City of Seal Beach) DECLARATION OF QUORUM: ROLL CALL: PUBLIC COMMENTS: If you wish to speak, please complete a Speaker's Form (located at the table outside of the Board Room) and give it to the Clerk of the Board. Speakers are requested to limit comments to three minutes. REPORTS: The Chair and the General Manager may present verbal reports on miscellaneous matters of general interest to the Directors. These reports are for information only and require no action by the Directors. CLAIMS: Ratify payment of claims of the District, by roll call vote, as follows: Claims Paid for the Period Ending. 02/15/12 02/29/12 Totals $9,166,907.14 $6,897,549.31 DIRECTORS: Pursuant to Government Code Section 84308, you are required to disclose any campaign contribution greater than $250 "received in the past twelve months from any party to a contract involving OCSD. This requires that you identify the contributor by name. Further, you may not participate in the decision making process to award a contract to such party. For reference, you are directed to the Register of Warrants as to all current contractors/vendors with OCSD. For the specifics" of Government Code Section 84308, please see your Director's Handbook or call the office of General Counsel. CONSENT CALENDAR: Consent Calendarltems are considered to be routine and will be enacted. by the Board of Directors, after one motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in the regular order of business. 03/28112 OCSD M WgjQr&genda Page "I of 5 3-5 2 3 Approve minutes for the Regular Board Meeting held on February 22, 2012. Approve the recommended list of OCSD representatives to the Redevelopment Agency Oversight Boards as follows: City Anaheim Brea Buena Park Fountain Valley Fullerton Garden Grove Huntington Beach La Habra La Palma Orange Santa Ana Stanton Westminster 4 Recommended Oversight Board Member Gail Eastman Don Schweitzer Fred Smith Steve Nagel Sharon Quirk-Silva Steve Jones Joe Carchio James Jim Byerrum Mark Waldman Doug Davert Sal Tinajero Dave Shawver Margie L. Rice A. Ratify the pre-selection of three manufacturers: Henry Pratt Company, Dezurik Corporation, and Crispin Valve, based on their qualifications; B. Award an equipment purchase contract to Southwest Valve and Equipment (Pratt Valve), Inc. the lowest, responsive and responsible bidder for a total amount not to exceed $182,508; and, C. Establish a contingency of $18,251 (10%). 5. A. Withdraw award of service order agreement to Kaveh Engineering & Construction, Inc., due to non contract compliance, in an amount not to exceed $141,956 for P2 78-inch Outfall Land Section Piping Repair Specification No. FR-2011-500; B. Ratify a service order agreement to the second lowest bidder Sancon Engineering, for P2 78-inch Outfall Land Section Piping Repair Specification No. FR-2011-500, for a total amount not to exceed $228,000; and, C. Approve a contingency of $45,600 (20%). 03/28/12 OCSD Board of Directors' Agenda EXHIBIT B Page 2 of 5 3-6 March 6, 2012 Paul Walters, Interim City Manager ORANGE COUNTY City of Santa Ana DEPARTMENT 20 Civic Center Plaza, 8th Floor OF EDUCATION Santa Ana, CA 92701 200 KALMUS DRIVE P.O, BOX 9050 COSTA MESA, CA Re: Appointment to Successor Agency Oversight Board 92628-9050 Dear Mr. Walters: (714) 966-4000 FAX (714) 662-3570 please be advised that pursuant to Health and Safety Code section 34179, in my www.owe.us official capacity as Orange County Superintendent of Schools that I have appointed Joe Dixon to serve on the City of Santa Ana's Oversight Board to represent the 1Ni1LUAM M. RABERMEIL interests of the school districts in the City of Santa Ana's redevelopment area. Mr. Coady suarktaodem Dixon may be contacted at: at SGtwab Joe Dixon 1601 E. Chestnut Avenue LYNN APRIL HARTLINE Santa Ana, CA 92701 Deputy superintendent (714) 480-5356 joe.dixon@ SAUSD,US Please send the Oversight Meeting Schedule to the appointed representative, district superintendents listed below and our Associate Superintendent Wendy Benkert. JOHN L. NELSON assocI?esup?imendern Attached is their contact information. If you have any questions, lease contact Y Y 9. 1? Wendy Benkert at wbenkert@ocde.us or Ron Wenkart at rwenkart@ocde.us. Sincerely, William M. Habermehl County Superintendent of Schools ONAIiIGECOU}OTY BOND Of EDUCATIM cc: Joe Dixon JOHN W. BEDELL, PH.D. Laura Schwalm, Ph.D., Superintendent, Garden Grove USD Robert Barbot, Ed.D., Interim Superintendent, Newport-Mesa USD DAVID L. BOYD Michael L. Christensen, Superintendent, Orange Unified School District ELIZABETH PARKER Thelma Melendez De Santa Ana, Ph.D., Superintendent, Santa Ana USD LONG PHAM, PH.D. Gregory A. Franklin, Ed.D., Superintendent, Tustin Unified School District KEN L. WILLIAMS, D.Q, EXHIBIT C 3-7 iATE OF CALIFORNIA JACK SCOTT, CHANCELLOR CALIFORNIA COMMUNITY COLLEGES CHANCELLOR'S OFFICE 1902 Q STREET Jr m? SACRAMENTO, CA 95811-6549 o f (916)445-8752 http:NW w\I+. aocCo, ed U March 2, 2012 Shaun Skelly, Chief Deputy Auditor-Controller County of Orange 12 Civic Center Plaza Room 200 P.O. Box 567 Santa. Ana, CA 92702 Dear Mr. Skelly, As part of the 2011-12 state budget, ABXl 26 dissolved Redevelopment Agencies (RDAs) and provided for Successor Agencies to be formed to administer the payment obligations of the former RDAs. The legislation stipulated. that each successor agency would have an oversight board, and it prescribed the number and types of members on each board. As Chancellor of the California Conlnnunity Colleges, I aum charged with the responsibility of appointing a community college representative to each oversight board. For Orange County, I hereby appoint the following people to represent the interests of the California Community Colleges; RedeVelO Ment Agency Community College District Representative Anaheim North Orange County Claudette Dain Brea North Orange County Claudette Dain Buena Park North Orange County Fred Williams Costa Mesa Coast Andy Dunn Cypress North Orange County Fred Williams Fountain Valley Coast Wanda Doty Fulleiton North Orange County Rodrigo Garcia Garden Grove Coast Andy Dunn Iluntington Beach Coast: Andy Dunne Irvine South Orange County Debra Fitzsimons La ftabra North Orange County Fred Williams La Palnia North Orange Comity Claudette Dain Lake Forest South Orange County Kim McCord Mission Viejo South. Orange County Debra Fitzsimons Orange (City) Rancho Santiago Arianna Barrios Orange County Rancho Santiago Peter Hardash Placentia North Orange County Rodrigo Garcia San Clemente South Orange County Debra Fitzsimons San Awn Capistrano South Orange County Kim McCord Santa Ana Rancho Santiago Mark McLoughlin Seal Beach Coast. Andy Dumi Stanton North Orange County Rodrigo Garcia Tustin South Orange County Debra Fitzsimons Yorba Linda North Orange County Claudette Dain Westminster Coast Andy Dural EXHIBIT D 3-8 If you have any questions about these appointments, please contact Diane Brady, Fiscal Policy Specialist, at (916) 324-2564 or dbradygcccco.edu. Sincerely, Jack Scott, Ph.D. Chancellor CC: Coast Community College Dis17•ict North Orange County Community College District Rancho Santiago Co.nrrrrunity College District South Orange County CommUlity College District California Department of Finance EXHIBIT D Page 2 3-9 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNC IAIEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero March 22, 2012 Paul M. Walters Interim City Manager City of Santa Ana 20 Civic Center Plaza (M-31) Santa Ana, CA 92701 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA • P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 SUBJECT: MAYOR'S APPOINTMENTS TO OVERSIGHT BOARD Dear Mr. Walters: CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria D. Huizar Please be advised that pursuant to Health and Safety Code Section 34179 in my capacity as Mayor, I have. appointed the following individuals to serve on the Oversight Board for the City of Santa Ana, acting as Successor Agency to the Community Redevelopment Agency of the City of Santa Ana: • Section 34179 (a) (2). appointment - Council member Vincent F. Sarmiento, representing the City of Santa Ana • Section 34179 (a) (7) appointment - Marc Morley, representing the employees of the former Community Redevelopment Agency with SEIU cc: Mayor Pro Tem and Council members EXHIBIT E 3-10 REQUEST FOR ?? SUCCESSOR AGENCY - ,i ACTION - MEETING DATE: APRIL 2, 2012 TITLE: SUCCESSOR AGENCY APPROVAL OF AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE CROPS) AND SECOND AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE (FOPS) CLERK OF THE COUNCIL USE ONLY: APPROVED (] As Recommended ? As Amended ? Implementing Resolution 0 Other -?,? CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER It is recommended that the City Council acting as the Successor Agency to the former Agency: Adopt a Resolution approving the Amended Recognized Obligation Payment Schedule ("BOPS") and certain other actions pursuant to Part 1 .85 of the Dissolution Act. 2. Adopt a Resolution approving a Second Amended Enforceable Obligation Payment Schedule ("Second Amended FOPS") and certain other actions pursuant to Part 1 .85 of the Dissolution Act. 3. Approve the City Manager and/or Director of Finance, or their designees, as delegated officials of the City acting as Successor Agency, as authorized to make any augumentation, modification, additions, or revisions as may be necessary to the ROPS or FOPS based on review by the State Department of Finance (DOF), or the County of Orange's selected independent auditor in the case of the BOPS. DISCUSSION The California Supreme Court's decision in Ca/ifornia Redeye/opment Association, et a/., v. Matosantos ("Matosantos") upheld Assembly Bill X1 26, the "Dissolution Act." AB X1 26 added Parts 1.8 and 1.85 to Division 24 of the California Health & Safety Code, which caused the dissolution and winding down of all California redevelopment agencies. By resolution, the City Council on January 9, 2012, elected for the City to act as the "Successor Agency" to the community's dissolved redevelopment agency ("Agency") and the Housing Authority of the City of Santa Ana as "Successor Housing Agency." On February 1 , 2012, the Agency was dissolved and the City began service as the "Successor Agency." The City is performing its functions as 4-1 Amended BOPS and FOPS April 2, 2012 Page 2 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 a seven-member Oversight Board. Prior to its dissolution and pursuant to Part 1.8, the Agency adopted an original and an Amended Enforceable Obligation Payment Schedule ("FOPS") and prepared a Recognized Payment Schedule ("BOPS"). Asa result of a recent discussion with the State Department of Finance, certain items on the BOPS, that was prepared as required by March 1 , 2012, have been revised (see highlights on Exhibit A of Exhibitl ), thus the "Amended BOPS" is being presented for approval. Following action by the Successor Agency, the BOPS is required to be presented to the Oversight Board for its approval, and then submitted to both the State Controller's Office and State Department of Finance (April 15, 2012 deadline). The Santa Ana Oversight Board's first meeting is tenatatively scheduled for April 1 O, 2012. To be consistent with the amendments to the BOPS, an update to the Amended FOPS has been prepared ("Second Amended FOPS") and is being recommended for approval as well. The original FOPS was approved by the former Redevelopment Agency ("Agency") on August 24, 201 1 , and the Amended FOPS was subsequently approved by the Agency on January 30, 2012 (Exhibit A of Exhibit 2). FISCAL IMPACT California Health and Safety Code Section 34173(e) stipulates that "the liability of any successor agency, acting pursuant to the powers granted under the act adding this part, shall be limited to the extent of the total sum of property tax revenues it receives pursuant to this part and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency." Thus, the City's obligations as Successor Agency are limited by the amount of property taxes and the value of assets it receives in its role as the Successor Agency. ?Y) G?LG?o Nancy T. Ed rds Interim Execu ive Director Community Development Agency NTE/SG/mlr Exhibits: 1. BOPS Resolution 2. FOPS Resolution 4-2 3/29/12 LES SUCCESSOR AGENCY RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACTING AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY APPROVING THE AMENDED RECOGNIZED OBLIGATION PAYMENT SCHEDULE CROPS) AND CERTAIN OTHER ACTIONS PURSUANT TO PART 1.85 OF THE DISSOLUTION ACT BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of Santa Ana, acting as Successor Agency, hereby finds, determines and declares as follows: A. The California Supreme Court's decision in the recent California Redeye/opmentAgency v. Matosantos case upheld ABX1 26 which will now control the dissolution and winding down of every California redevelopment agency. ABX1 26 prohibits agencies from taking numerous actions, requires all agencies to wind down their affairs effective immediately, and provides that agencies are deemed to be dissolved as of February 1 , 2012. B. On January 9, 2012, pursuant to section 34173 of the California Health & Safety Code, the City of Santa Ana ("City") elected to serve as the Successor Agency for the former Community Redevelopment Agency ("Agency") of the City of Santa Ana and the Housing Authority of the City of Santa Ana as "Successor Housing Agency". C. The City 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 of a seven member Oversight Board. D. Prior to its dissolution and pursuant to Part 1.8, the Agency prepared the original Recognized Obligation Payment Schedule ("ROPS") by March 1 , 2012, which was received and filed by the Successor Agency on March 19, 2012. E. As the result of a recent discussion with the State Department of Finance, certain items on the BOPS have been revised (see Exhibit A, attached hereto and incorporated herein by this reference). Following action by the Successor Agency, the BOPS is required to be presented to the Oversight Board for its approval, then submitted to both the State Controller's Office and the State Department of Finance. F. Health and Safety Code Section 34173(e) provides that "the liability of any successor agency, acting pursuant to the powers granted under the act adding this part, shall be limited to the extent of the total sum of property tax revenues it receives pursuant to this part and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency." Thus, the City's obligations as Successor Agency EXHIBIT 1 4-3 3/29/12 LES are limited by the amount of property taxes and the value of assets it receives in its role as the Successor Agency. Section 2. The attached Amended Recognized Obligation Payment Schedule (Exhibit A) establishes those obligations which the Community Redevelopment Agency of the City of Santa Ana has binding commitments that it has entered into and includes legal commitments that it is obligated to perform , to meet the pre-existing commitments of contracts and obligations that were established prior to the effective date of ABX1 26. Section 3. The City Manager, or his/her designee ("City Manager"), is directed to file this Amended Recognized Obligation Payment Schedule in the manner required by law. Section 4. The City Manager and/or the Director of Finance, or their respective designees, as delegated officials of the City acting as Successor Agency, are authorized to make any augmentations, modifications, additions, or revisions as may be necessary to the Amended BOPS, and as may be amended from time to time, based upon review by the State Department of Finance or the independent auditor selected by the County of Orange. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council acting as the Successor Agency, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 2 4-4 3/29/12 LES ADOPTED this day of APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2012. Miguel A. Pulido Mayor CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. 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S ?` m ? y ? ?rJ ? $' v µ ?i F 2 '??? g 9 ? ? ?a £ B s g y ? ?? a` ? d ? ° ? ? 8 m r7 e 3 : m Q S W 4-13 z BOND DEBT SERVICE Community Redevelopment Agency of the City of Santa Ana (Santa Ana Merged Project Area) Tax Allocation Bonds 2011 Series A Final Numbers - January 25, 2011 Dated Date 02/04/2011 Delivery Date 02/04/2011 Period Ending Principal Coupon Interest Debt Service Annual Debt Service 09/01/2011 2,420,663.76 2,420,663.76 2,420,663.76 03/01/2012 2,104,925.00 2,104,925.00 _ 09/01/2012 2,104,925.00 2,104,925.00 4,209,850.00 03/01/2013 2,104,925.00 2,104,925.00 09/01/2013 _ 2,104,925.00 2,104,925.00 4,209,850.00 03/01/2014 2,104,925.00 2,104,925.00 09/01/2014 2,104,925.00 2,104,925.00 4,209,850.00 03/01/2015 2,104,925.00 2,104,925.00 09/01/2015 2,104,925.00 2,104,925.00 4,209,850.00 03/01/2016 2,104,925.00 2,104,925.00 09/01/2016 2,104,925.00 2,104,925.00 4,209,850.00 03/01/2017 2,104,925.00 2,104,925.00 __ 09/01/2017 805,000 5.000% 2,704,925.00 2,909,925.00 5,014,850.00 03/01/2018 2,084,800.00 2,084,800.00 09/01/2018 1,145,000 5.000% 2,084,800.00 3,229,800.00 5,314,600.00 03/01/2019 2,056,175.00 2,056,175.00 _09/01/2019 2,735,000 5.250% 2,056,175.00 4,797,175.00- 6,847,350.00 03/01/2020 1,984,381.25 1,984,381.25 _09/01/2020 5,475,000 ** 7,984,381.25 7,459,381.25 9,443,762.50 03/01/2021 1,825,443.75 1,825,443.75 ?9L07/2021_ _. . _ 6105,000 6.000% 1,825,443.75 7,930,443.75 9,755,887.50 ' 03/01/2022 1,642,293.75 1,642,293.75 _.09/01/2022 6,810,000 6.000% 1,642,293.75 8,452,293.75 70,094,587.50 03/01/2023 1,437,993.75 1,437,993.75 09/01(2023 _ 7,545,000 _ ** 1,437,993.75 8,982,993.75 10,420,987.50 03/01/2024 1,201,075.00 1,201,075.00 ?3LO.1L2024 8360,000 ** 1,201,075.00 9,56],075.00 10,762,750.00 03/01/2025 938,587.50 938,587.50 09/Ql/2025__ 9,230,000 6,750% 938,587.50 10,168,587.50 11,107,175.00 03/01/2026 627,075.00 627,075.00 ??Oll$026_ _ _ _10,820,000_ 6.750% 627,075.00 17,447,075.00 12,074,150.00 03/01/2027 267,900.00 267,900.00 _OQLO112Q21 __ 4,055,000 6.750% 26],900.00 4,316,900.00 4,578,800.00 03/01/2028 125,043.75 125,043.75 09/01/2028 3,705,000 6.750% 125,043.75 3,830,043.75 3,955,087.50 66,790,000 56,049,301.26 122,839,301.26 122,839,301.26 ?''.? Jan 25, 207 1 1:52 pm Prepared by Stone 8c Youngberg LLC (SPB) (Finance 6.019) Page 6 4-14 } y - ?i 41.46 am Prepared by Citigroup Z po3 Markets Inc. 1 ?. . r _ ? ? ? , I .-o-.x' "' i fad; a.^ ? KF ^?.' . - BOND DEBT SERVICE ^'`F -? - ;, i3 ' - Community RDA of the City o(Santa Ana ?? ? ? - New Money TAB-Serieg,*'2003 A" "'? ,' . Period Endi?ig Principal Coupon Interest Debt Sarvtce 06/03/2003 03/01/2004 --- 601,267:37 601,267.37 U9TOT!'f00? 475;000 ---9:T00°?-'4Z5"3??"b:23 878,836.25 _ 03/01/2005 401 223 75 401.223.76 09/01/2005 480,000 7.250% 401,223.75 861,223.75 03/01/2009 364 098.75 384 098 75 - ? - - - - - 09/01/2009 _D3/01/2010 ? 570,000 ? 2.750% 384,098.75 377 08625 894,098.75 377 086.25 7,278,197.50 09/01/2070 03/01/2011 .525,000 3.000% 377,086.25 369.217.25 902,08625 ? 369 271.25 1,279,172.50 ? 09/07/2011 03/07/2012 545,OOD ? 3.250% 369,211.25 360 355 00 914,211.25 360 355 00 7,283,422.50 09/07/2072 - 560,000 3.375% 360,355.00 920,355.00 ? 1,280,710.00 wrv ,i?u-? i 305 952 50 305 952 50 09/07/2017 675,000 - 4,000% 305,952.50 980,952.50 ? 7,286,905.00 03/01/2078 - 292452,50 292452.50 09/07/2078 ? 700,000 4.000% 292.452.50 992452 so 12ad-ns nn wiu ?icuco __ _ 150,750.00 750,750.00 - 09/07/2026 995,000 4.500% _ 750,750.00 1,745,750.00 _ 7,296,500.00 03/01/2027 --- 728,362.50 _ ? 728,362.50 09/OL2027 7,040,000 __ 4.500 % ?--??-- 128,362.50 --- 7,?'168,382.$0--- ?-?-7,296,725x]0-?--- 03/07/2028 704 962 50 104 962 50 _ 09/07/2028 - 7,090,000 -_. 4.500% .104,962.50 7,794,962.50 7,299,925.00. _ _03/01/2029 80 437 50 80 437 50 09/01/2029 7,740,000 4.500% 80,437.50 1,220,437.50 1,300,875.00 -..03/07/z0?0 54 787.50 54.787.50 09/01/2030 - 7,190,000 4.500% 54,787.50 7,244,787.50 7,299,575.00 -t23/Q7[?031 _ 25,01250- 28 012_50 09/01/2031 7,245,000 - 4.500% 28,012.50 7,273,012.50 7,307,025.00 20,945,000 75,378,897.06 36,263,897.06 36,263,891.06 4-15 i Jun 17, 2003 11:46 am Prepared by Citigroup Global Markets Inc. ? ? ? page 12 03/07/2011 524,000.00 524 000.00 09/01 20 ,8 O, 00 5. 0 5 O. , , - (f---'- ?" 03/01/2012 ? 476,750.00 476,750.00 09/01/2012 1,990,000 5.000% 476,750.00 2,466,750.00 2,943,500.00 03/07/2013 427,000.00 427,000.00 ' 09/01/2013 2,085,000 5,000% ? 427,000.00 2,572,000.00 2,939 000.00 03/01/2014 ? 374,875.00 374,875.00 , 09/01/2014 2,200,000 5.000% 374,875.00 2,574,875.00 2,949,750.00 03/07/2015 ? 319,675.00 319,875.00 09/07/2015 2,310,000 5.000% 319,875.00 2,629,875.00 2,949,750.00 03/01/2016 262,725.00 262,125.00 09/01/2016 2,430,000 5.000% 262,125.00 2,692,125.00 2,954,250.00 03/01/2077 201,375.00 207,375.00 09/01/2017 2,550,000 5.000% 201,375.00 2,751,375.00 2,952,75000 03/01 /207 8 137,625.00 137,625.00 09/01/2078 2,685,000 5.000% 137,625.00 2,622,625.00 2,960,250.00 03/07/2019 70,600.00 70,500.00 09/07/2079 2,820,000 5.000% 70,500.00 2,890,500.00 2,961,000.00 34,145,000 15,004,697.22 49,149,697.22 49,149,69722 iV -- ? - - 4-16 BOND DEBT SERVICE Community RDA of the Ci[y of SarlLa Ana,-;s??9 - Tax Allocation Ref. BondsJS?Te`;s"1003 B Period ? Annual Ending Principal Coupon Interest Debl Service ? Debi Service 06/03/20' 3 ? ' 09/01/2003 7,820,000 ? 2.000% 357.62222 2-177-62292 2777 622 22 ]LEASE PAY1firENT sC&$FIIDU7a,l; Following is the schedule of Lease Payments due with respect to the Certificates_ Lease Payment Principal Interest Date Component Component ,?$nnseal Total 06/01/03 $ 1,420,000 $ 68,084.65 $ 1,488,084.65 12/01/03 304,756.25 06/01/04 1,210,000 304,756.25 1,819,512.50 12/01/04 289,631.25 06/01/05 1,270,000 289,631.25 1,849,262.50 12/01/05 ? 273,756.25 06/01/06 1,340,000 273,756.25 1,887,512.50 12/01/06 253,656.25 06/01/07 1,425,000 253,656.25 1,932,312.50 12/01/07 232,281.25 06/01/08 835,000 232,281.25 1,299,562.50 12/01/08 219,756.25 06/01/09 805,000 219,756.25 1,244,512.50 12/01/09 203,656.25 06/01/10 925,000 203,656.25 1,332,312.50 12/01/1 O 180,531.25 06/01/11 1 060,000 1802531.25 ,1,421,062.50 . 12/01/11 159,331.25 06/01/12 ? ? ?1,215,,000 ____ ??__ 159,,331.25 „_ _ _ 12533,662.50_, 12/O1/12 128,956.25 06/01/13 ___.___ .____1,?405?000,____,? ,__ __..,_128,,956.25 _^ ? 1.662,912:50 _ 12/01/13 99,100.00 06/01/14 ___ ? 1,625:000 __._ ??_? 992.10000 .__ _____ 12823,200._00 12/01/14 58,475.00 06/01/15 _895,000 _._ __ 582475.00 2,011,950.00 12/01/15 11,100.00 06/01/16 555.000 11.100.00 577.200.00 Total $16.985.000 $4.898.059.65 $21.883.059.65 SECURITY AND SOURCES OF FAY1bIENT FOR T7HE CERTYFICATES Nature of tlae Certificates Each Certificate evidences and represents a direct, undivided fractional interest in the principal component of the Lease Payments due under the Lease Agreement on the payment date or prepayment date o£ such Certificate, and the interest component of all Lease Payments (based on the stated interest rate with respect to such Certificate) to accrue from its date of delivery to its payment date or prepayment date, as the case may be_ The Agency, pursuant to the Assignment Agreement, has assigned to the Trustee for the benefit of the Owners of the Certificates, substantially all of the Agency's right, title and interest in and to the Lease 7 4-17 4-18 SUCCESSOR AGENCY RESOLUTION NO. 2012- 3/29/12 LES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACTING AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY APPROVING THE SECOND AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE (FOPS) AND CERTAIN OTHER ACTIONS PURSUANT TO PART 1.85 OF THE DISSOLUTION ACT BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of Santa Ana, acting as Successor Agency, hereby finds, determines and declares as follows: A. The California Supreme Court's decision in the recent Ca/ifornia Redeye/opment Agency v. Matosantos case upheld ABX1 26 which will now control the dissolution and winding down of every California redevelopment agency. ABX1 26 prohibits agencies from taking numerous actions, requires all agencies to wind down their affairs effective immediately, and provides that agencies are deemed to be dissolved as of February 1 , 2012. B. By resolution, on January 9, 2012, pursuant to section 34173 of the California Health & Safety Code, the City of Santa Ana ("City") elected to serve as the "Successor Agency" to the community's dissolved redevelopment agency ("Agency") of the City of Santa Ana and the Housing Authority of the City of Santa Ana as "Successor Housing Agency". On February 1 , 2012, the Agency was dissolved and the City began serving as the Successor Agency. C. The City is performing 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 of aseven-member Oversight Board. D. Prior to its dissolution and pursuant to Part 1 .8, the former Agency adopted the original Enforceable Obligation Payment Schedule ("FOPS") on August 24, 2011 , and adopted the Amended Enforceable Obligation Payment Schedule on January 30, 2012. E. The Recognized Obligation Payment Schedule ("BOPS") is being amended due to a result of a recent discussion with the State Department of Finance. Due to changes in the BOPS, the FOPS is being amended. Therefore, this Second Amended FOPS (attached hereto and incorporated herein as Exhibit A) is being recommended for approval. F. Health and Safety Code Section 34173(e) provides that "the liability of any successor agency, acting pursuant to the powers granted under the act adding this part, shall be limited to the extent of the total sum of property tax revenues it receives EXHIBIT 2 4-19 3/29/12 LES pursuant to Phis part and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency." Thus, the City's obligations as Successor Agency are limited by the amount of property taxes and the value of assets it receives in its role as the Successor Agency. Section 2. The attached Second Amended Enforceable Obligation Payment Schedule (Exhibit A) establishes those obligations which the Community Redevelopment Agency of the City of Santa Ana has binding commitments that it has entered into and includes legal commitments that it is obligated to pertorm through June 30, 2012, to meet the pre-existing commitments of contracts and obligations that were established prior to the effective date of ABX1 26. Section 3. The City Manager, or his/her designee ("City Manager"), is directed to file this Second Amended Enforceable Obligation Payment Schedule in the manner required by law. Section 4. The City Manager is further authorized and directed to post the Second Amended Enforceable Obligation Payment Schedule on the Successor Agency's website and to notify the county auditor-controller, the California Department of Finance, and the Controller of the State concerning this Resolution, the Second Amended Enforceable Obligation Payment Schedule, and its online publication. Section 5. The City Manager and/or the Director of Finance, or their respective designees, as delegated officials of the City acting as Successor Agency, are authorized to make any augmentations, modifications, additions, or revisions as may be necessary to the FOPS, as amended, based upon review by the State Department of Finance. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council in its role as the Successor Agency, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 2 4-20 3/29/12 LES ADOPTED this day of , 2012. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012- to be the original resolution adopted by the City Council acting as Successor Agency on April 2012. Date: Maria D. Huizar, Clerk of the Council 3 4-21 a °c Q E A A ?n CJ ? Q E ¢ ? o E Z a J N 2 W m ? ? Q e? d 9 O F ? ? m ? o m y ? 0 O w 0 0 z a ° S °o °o S 8 °o S °o S °o 3S ? ? m $ m ,°0 3 - ? e g o o ,°. o g o 8 r o m m 'e`" m m o .? ? m ... e e m $ ? h ? 8 o e ? "' o "' 8 o 8 - 8 ? o o o °o ? o m m o o m ? ? ? N m - 3 0 ? ? o - o - o m - m m °?' ? = _ ? ? g o e e m m x ? .? ? o ? X m m o o m o m '_° g e e m a _ € _ _ _ _ „ _ _ g o 0 0 0 0 0 ? ? a ? ? ' ° o o g m - m o - m - m m - ? ? e m m m - ? 0 o o S o g o _ o m m ? ? ? ? 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