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r-11 saSuccessor Agency Meeting: February 12, 2013 Santa Monica, California RESOLUTION NO. --1-11 (SA) A RESOLUTION OF THE SANTA MONICA REDEVELOPMENT SUCCESSOR AGENCY APPROVING AND ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JULY 2013 — DECEMBER 2013 WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) (the 'Redevelopment Law'), the City Council of the City of Santa Monica (the "Council') adopted the Earthquake Recovery Redevelopment Project by Ordinance No. 1747 (CCS) on June 21, 1994, the Downtown Redevelopment Project by Ordinance No. 1021 (CCS) on January 13, 1976, the Ocean Park 1A Project by Ordinance No. 497 (CCS) on June 30, 1960, and the Ocean Park 1B Project by Ordinance No. 516 (CCS) on January 24, 1961 (collectively the "Redevelopment Plans "); and WHEREAS, the California Legislature adopted, and the Governor signed, Assembly Bill Nos. 26 and 27 (2011 -2012 1s` Ex. Sess.) enacted as Stats. 2011, 1s' Ex. Sess. 2011 -2012, chs. 5 -6 (hereinafter AB 26 and AB 27) into law; and WHEREAS, in July 2011, California Redevelopment Agency v. Matosantos was filed in the California Supreme Court, challenging the constitutionality of AB 26 and AB 27, and on December 29, 2011, the Supreme Court issued its opinion in Matosantos, upholding AB 26 and exercising its power of reformation to revise and extend each effective date or deadline for performance of an obligation in part 1.85 of division 24 of the Redevelopment Law, and invalidating AB 27; and WHEREAS, the City of Santa Monica is the designated Successor Agency of the Redevelopment Agency of the City of Santa Monica, within the meaning of AB 26; and 1 WHEREAS, Section 34177(a)(1) of the Redevelopment Law, as reformed by the California Supreme Court in Matosantos, provides that on or after February 1, 2012, and until a Recognized Obligation Payment Schedule becomes operative, only payments required pursuant to an enforceable obligations payment schedule shall be made; and WHEREAS, Section 34177(a)(3) of the Redevelopment Law, as reformed by the California Supreme Court in Matosantos, provides that commencing on May 1, 2012, only those payments listed in a Recognized Obligation Payment Schedule may be made by the Successor Agency from the funds specified in the Recognized Obligation Payment Schedule; and WHEREAS, the California Legislature adopted, and the Governor signed, Assembly Bill No. 1484 enacted as Stats. 2012, ch. 25 (hereinafter AB 1484) into law; and WHEREAS, AB 1484, requires the Santa Monica Redevelopment Successor Agency to submit to the Los Angeles County Auditor - Controller the ROPS for the period ending December 31, 2013, for its review before approval by the Oversight Board; and WHEREAS, AB 1484, requires the Santa Monica Redevelopment Successor Agency to submit to the State of California Department of Finance the ROPS for the period ending December 31, 2013, which has to be approved by the Oversight Board, no later than March 1, 2013; and WHEREAS, under Title 14 of the California Code of Regulations, Section 15061(b)(3), the approval of a Recognized Obligation Payment Schedule is exempt from the requirements of the California Environmental Quality Act ( "CEQA "), in that it is not a project as the adoption of a Recognized Obligation Payment Schedule will not have the potential of causing a significant environmental effect and it can be seen with certainty that there is no possibility that the adoption of Recognized Obligation Payment Schedule will have any significant effect on the RI environment; and WHEREAS, the Successor Agency has reviewed and duly considered the Recognized Obligation Payment Schedule for the period July 2013 — December 2013, inclusive, attached as Exhibit 1, and other written evidence presented at the meeting, if any. NOW, THEREFORE, THE SUCCESSOR AGENCY DOES RESOLVE AS FOLLOWS: SECTION 1. The Successor Agency hereby finds and determines that the foregoing recitals are true and correct. SECTION 2. The Successor Agency hereby approves and adopts the draft Recognized Obligation Payment Schedule for the period July 2013 — December 2013, inclusive, attached as Exhibit 1 (referenced hereinafter as 'the Recognized Obligation Payment Schedule "). SECTION 3. The Successor Agency authorizes the Chief Administrative Officer or his designee to: (1) Submit the Recognized Obligation Payment Schedule to the County Auditor- Controller for review; (2) Submit the Recognized Obligation Payment Schedule to the Oversight Board for approval; (3) Submit an electronic copy of the Recognized Enforceable Obligation Payment Schedule to the State Department of Finance for approval; (4) Designate a Successor Agency representative to respond to all questions related to the Recognized Obligation Payment Schedule; and 3 (5) Take such other actions and execute such other documents as are appropriate to effectuate the intent of this Resolution and to implement the Recognized Obligation Payment Schedule on behalf of the Successor Agency. SECTION 4. The Secretary of the Successor Agency shall certify the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: -- lLrAA:cs. 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W ei wm: SPMP MOI.'..PNG¢B) PE[oGNI}ENY9YGnTYNinvmINf 11.15 1111A) Iuly ;ID33 <Fnuvy.�eeember3l ID33 SANTA MONICA (LOS ANGELES) RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 13- 14A) -- Notes (Optional) July 1, 2013 through December 31, 2013 hemp Project Name/ Debt Obligation Notes /Comments 1 2011 Earthquake RDA Bonds__ 2 2006 Earthquake RDA Series A Bonds 3 2006 Earthquake RDA Series B Bonds 4 2002 Ocean Park Bond 5 2011 Earthquake RDA Bond, (Reserve) 2002 Ocean Park Bond(Reserod 2 2002 Ocean Park Bond Plan Limit Special Fund (Reserve( 8 2002 Ocean Park Bond- Plan Limit Special Fund 9 1981 COBG Promissory Note _ This item has been denied by the Department of Finance, the SUcescor Agency does not waive any of its constitutional, statute , legal, or equitable rights to contest this determination by issoan. of this ROPS 10 1983 CDOG Promissory Note This Item has been denied by the Department of Finance, the 5ucessor Agency does not waive any of its constitutional, statutory, legal, or equitable rights to contest this determination by issuance of this BOPS 11 _ Collective Bargaining Units (EPP, META, ATA, MEA) Costs _ 12 Wells Fargo Term Lean 13 Bank of America Term Loan 14 Civic Center J-lCut Use Agree meut This item has been denied by the Department of Fin anIs, the 5ucessor Agency do as not welve any o fIt, eus run if. na1, star tutory, legal, or equ itable Lights to contest this determination by issuance of this ROPS 15 Ocean Park Lease This item has been denied by the Department of Finance, the 5ucessor Agency does not waive any of its constitutional ,statutory, legal, or equitable rights to contest this determination by issuance of this HOPS 16 1928 Promissory Notes This item has been denied by the Department of Finance, the 5ucessor Agency does not waive any of its constitu tional, statutory, legal, or equitable rights to contest this determination by Issuance of this ROPS D 2003 Promissory We 18 2003 Pmrpinory, No. B 19 1959 High Place (High Place East) 20 FAME (1754 19th Sh1753 Inch St/1924 -30 Euclid) This it em has been denied by the Department of Finance, however, it is subject to litigation (SUpedor Case No 34- 2013- 80001382.CU- WM- GDS)and has been added back to the bottom of this schedule. 21 1942 High Place( High Place West) This Item has been denied by the Department of Finance, how..,itl, subject to litigation (Spiced., Case No. 34 -2013- 80001382 -C - Well -GDS and has been added back to the bottom of this schedule. _ 22 520 Colorado Ave, This Item has been denied by the Department of Finance, hmveveq it is subject to litigation (Superior Use No. 34- 2013- BOOD1392 -CU -WM GDS ) and has been added bad to the bottom of this schedule. 23 Law Mod Housing for Seniors This item has been denied by the Department of Finance, the Sure,-, Agency does not waive any of its constitutional, statutory, legal, or equitable rights to Contest this determination by issuance of this ROES 24 Arizona and 4th Notes 25 Successor Agency and Oversight Beard legal services 26 Successor Agency financial services and ,repent 22 Sauce ss -r Agencyappralsaiservices 28 Successor Agency Employee Contractual Obligations 29 Successor Housing Agency Administrative Costs This item has been denied by the Department of Finance, however, It is subject to litigation (Superior Case No 342013- 80001382 -CU WM GDS) and has been added back to the bottom of this schedule. 30 Successor Administrative COSt Allowance 31 Litigation Service Fees UOgation Services associated with items 2022 and 29. 32 Sucessor Agency Office Space Rental Expenses Rental fees for Successor Agency office space associated with an existing lease per HSC 34162(d)(5) 20 FAME (1754 19th Sl /125318th St/1924 -30 Euclid) This Item has been denied bythe DepartmentofFinance,however,it is subject to litigation (Superior Case NO. 34- 2013- SO0D1382 -CU -WM 605) and has been added back to this schedule. $1,882,143 of amount shown has been carried over from the ROPS 3 period flan. 2013dune 2013). The remaining amount shown ($4,351,203) Is scheduled to he disbursed to the developer during the ROP54 period (July -Dec 2013). 211942 High Place( High Place West) This Item has been denied by the Department of Finance, however, It 1, to Hostion(Superior Case No 34 2013 80001382 CU WM GUS) and has been added back to this schedule. Total amount shown has been carried over from the HOPS 3 period (Jan. 2013 -June 2013). ___ 22 520 Colorado Ave. This item has been denied by the Department of Finance, however, it is spider( to litigation (Superior Case No. 34- 2013 - 80001382 -CU -WM COS) and has been added back to this schedule. $399,900 of total amount shown is carried over from the HOPS period (fart 2013 lure 2013). The remaining balance of $2,069,219 B scheduled to be disbursed to the deyelope,during the ROP54 period puly -Dec 2013). 29 Successor Housing Agency Administrative Costs This item has been denied by the Department of Finance, however, it is subject to litigation(SUperi -r Case No. 342013 - 80001382- CU- WM- GDS)and has been added back to this schedule. $1,005,211 of total amount shown has been carried over from the HOPS 3 period (Jan. 2013 -tune 2013). The remaining balance Of $535,264 is due and payable during the ROPS4 period (luly -Dec 2013). Adopted and approved this 12th day of Februar) I, Sarah Gorman, Agency Secretary of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 11 (SA) was duly adopted at the meeting of the Santa Monica Redevelopment Successor Agency held on the 12th day of February 2013, by the following vote: Ayes: Agency members: Holbrook, McKeown, Vazquez, Winterer Acting Chair Davis Noes: Agency members: Absent: Agency members: O'Connor, O'Day ATTEST: Sarah Gorman, Agency Secretary