RES-SAORA-006 Obligation Payment ScheduleRESOLUTION NO. SAORA -006
A RESOLUTION OF THE GOVERNING BODY OF THE
SUCCESSOR AGENCY TO THE ORANGE
REDEVELOPMENT AGENCY ADOPTING A
PROPOSED SECOND AMENDMENT TO THE INITIAL
RECOGNIZED OBLIGATION PAYMENT SCHEDULE
AS REFERRED TO IN SECTION 34177(1)(2)(A) OF THE
CALIFORNIA COMMUNITY REDEVELOPMENT LAW
AND AMENDING THE ADMINISTRATIVE BUDGET.
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 amends Sections 33500, 33501, 33607.5
and 33607.7 of the California Health and Safety Code and adds 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, California Health and Safety Code Section 34173(a) designates
successor agencies as successor entities to former redevelopment agencies; and
WHEREAS, on January 24, 2012, by Resolution No. 10626, the City of Orange
declared itself as the successor agency upon the dissolution of the Agency, subject to all
reservations stated in such resolution; and
WHEREAS, California Health and Safety Code Section 34177(1)(2)(A) provides that
a successor agency must prepare a draft initial Recognized Obligation Payment Schedule (the
IROPS ") for the period of February 1, 2012 through June 30, 2012 and a Recognized
Obligation Payment Schedule (ROPS) for every six -month period thereafter and
WHEREAS, California Health and Safety Code Section 341770)(1) provides that a
successor agency must prepare an administrative budget concurrently with the draft IROPS
on or before November 1, 201 land a ROPS for every six -month period thereafter; and
WHEREAS, the ROPS identifies each enforceable obligation on which payments
will be required and identifies the minimum payment amounts and due dates of payments
required by each such enforceable obligation.
WHEREAS, on February 28, 2012, via Resolution No. SAORA -002, the Successor
Agency of the Orange Redevelopment Agency adopted an initial Recognized Obligation
Payment Schedule and administrative budget, and reserved the right to amend it from time to
time, as necessary; and
WHEREAS, on April 10, 2012, via Resolution No. SAORA -004, the Successor
Agency of the Orange Redevelopment Agency adopted an First Amendment to Initial
Recognized Obligation Payment Schedule and administrative budget, and reserved the right
to amend it from time to time, as necessary; and
WHEREAS, the Successor Agency of the Orange Redevelopment Agency desires to
make certain amendments to the IROPS by adopting a Second Amendment.
NOW, THEREFORE, the Governing Board of Successor Agency to the Orange
Redevelopment Agency (the "Successor Agency ") hereby resolves, finds and determines, on
the basis of the facts set forth in the agenda report presented to it and any testimony received
at the meeting at which this matter was considered, as follows:
Section 1. The Successor Agency 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 adoption of this Resolution is not intended to and shall not constitute a
waiver by the Successor Agency of any rights the Successor Agency may have to challenge
the effectiveness and/or legality of all or any portion of AB 26 through administrative or
judicial proceedings.
Section 4. The attached Second Amendment to the IROPS are hereby adopted.
Section 5. The Successor Agency's designee is hereby authorized to take such actions as
are necessary and appropriate to comply with AB 26.
Section 6. This Resolution shall take effect immediately upon its adoption.
Section 7. The Clerk of the Successor Agency shall certify as to the adoption of this
Resolution.
ADOPTED this 22 day of May, 2012.
V.
On bdalf c(f the Successor Agency
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ATTEST:
Mary E.
Clerk A the Successor Agency
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Successor Agency at a regular meeting thereof held on the 22 day of May, 2012, by the
following vote:
AYES:DIRECTORS:Whitaker, Smith, Cavecche, Bilodeau, Dumitru
NOES:DIRECTORS:None
ABSENT:DIRECTORS:None
ABSTAIN:DIRECTORS:None
6( "
Mary E
Cler of the Successor Agency
The enforceable obligation schedule was passed by a vote of 5 -0 with the following
abstentions due to potential conflicts of interest:
Mayor Cavecche — Line Items 59a and 59b due to her serving on the board of OCTA;
Mayor pro tem Bilodeau — Line Item 26 due to his employment with County of Orange;
Councilmember Whitaker — Line Items 73, 73a, 74, 74a, 75 due to his law firm's
representation of Metrolink.
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