RES-OB-0046 Parking Capacity Expansion ApprovalRESOLUTION NO.OB -0046
A RESOLUTION OF THE OVERSIGHT BOARD OF
THE SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY APPROVING
AMENDMENT NO. 3 TO COOPERATIVE
AGREEMENT NO. C -9 -0243 BETWEEN THE
ORANGE COUNTY TRANSPORTATION
AUTHORITY AND CITY OF ORANGE AND
SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY FOR PARKING
CAPACITY EXPANSION AT ORANGE SANTA FE
DEPOT.
WHEREAS, Assembly Bill xl 26 ( "AB 26 ") and AB xl 27 were passed by the State
Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and
WHEREAS, among other things, AB 26 amended Sections 33500, 33501, 33607.5 and
33607.7 of the California Health and Safety Code and added Part 1.8 and Part 1.85 of Division
24 to the California Health and Safety Code; and
WHEREAS, by enactment of Part 1.85 of Division 24 of the California Health and
Safety Code, subject to all reservations herein stated, the Orange Redevelopment Agency (the
Agency ") was dissolved as of February 1, 2012; and
WHEREAS, Assembly Bill 1484 ( "AB 1484 ") was passed by the State Legislature on
June 27, 2012 and signed by the Governor on June 27, 2012 which adds and amends certain
provisions contained in AB 26, including the process for adopting Recognized Obligation
Payment Schedules; and
WHEREAS, California Health and Safety Code Section 34173(a) designates successor
agencies as successor entities to former redevelopment agencies; and
WHEREAS, on January 10, 2012, by Resolution No. 10625, the City of Orange declared
itself as the successor agency (the "Successor Agency ") upon the dissolution of the Agency,
subject to all reservations stated in such resolution; and
WHEREAS, the Oversight Board of the Successor Agency to the Orange Redevelopment
Agency (the "Oversight Board ") has been established to direct the Successor Agency to take certain
actions to wind down the affairs of the Agency in accordance with the California Health and Safety
Code; and
WHEREAS, the Cooperative Agreement No. C -9 -0243 is an "enforceable obligation"
under Health and Safety Code Section 34171(G)(2) as it was entered into no later than December
31, 2010 and it is a written agreement for the purpose of securing indebtedness; and
WHEREAS, the Cooperative Agreement No. C -9 -0901 is an "enforceable obligation"
under Health and Safety Code Section 34171(G)(2) as it was entered into no later than December
31, 2010 and it is a written agreement for the purpose of securing indebtedness; and
WHEREAS, California Health and Safety Code Section 34177(i) authorizes the
Successor Agency to continue overseeing development of properties until the "contracted work"
has been completed or the contractual obligations of the former redevelopment agency can be
transferred to other parties. The contractual obligation with OCTA to reimburse the Successor
Agency for environmental work related to the Metrolink Parking Structure is not yet complete;
and,
WHEREAS, California Health and Safety Code Section 34180(e) authorizes the
Oversight Board to approve successor agency actions that continue the acceptance of federal or
state grants that are conditioned upon matching funds from the former redevelopment agency;
and
WHEREAS, the Oversight Board approved Amendment No. 3 to Cooperative Agreement
No. C -9 -0243 on September 24, 2013; and,
WHEREAS, the State Department of Finance denied Amendment No. 3 to Cooperative
Agreement No. C -9 -0243 on November 5, 2013 and directed that the matter be returned to the
Oversight Board for reconsideration.
NOW, THEREFORE, the Oversight Board of the Successor Agency to the Orange
Redevelopment Agency does hereby resolve as follows:
Section 1. The Oversight Board hereby finds and determines that the foregoing
recitals are true and correct.
Section 2. All legal prerequisites to the adoption of this Resolution have occurred.
Section 3. The Oversight Board resolves to approve Amendment No. 3 to
Cooperative Agreement No. C -9 -0243 to extend the timeline for completion to September 30,
2014.
Section 4. The Chairperson is hereby authorized, on behalf of the Successor Agency,
to sign all documents necessary and appropriate to carry out and implement the Agreement, and
to administer the Agency's obligations, responsibilities and duties to be performed under the
Agreement.
Section 5. The Clerk of the Oversight Board shall certify to the adoption of this
Resolution.
Section 6. This Resolution shall take effect immediately upon its adoption.
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ADOPTED this I I" day of December, 2013.
v
Chairper on f he Oversight Board of the Successor
Agency ta.We Orange Redevelopment Agency
ATTEST:
dcir'
Mary E. lrphy
Clerk of the Oversight Board
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Oversight Board of the Successor Agency to the Orange Redevelopment Agency at a regular
meeting thereof held on the I I day of December, 2013, by the following vote:
AYES: BOARDMEMBERS: Remland, Christensen, Davert, Buttress, Cavecche, Schulze
NOES: BOARDMEMBERS: None
ABSENT: BOARDMEMBERS: Yarbrough
ABSTAIN: BOARDMEMBERS: None
Mary E. rphy
Clerk of t ' Oversight Board
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