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R17 (SAS)Successor Agency Meeting: February 11, 2014 Santa Monica, California RESOLUTION NO. 17 (SA) A RESOLUTION OF THE SANTA MONICA REDEVELOPMENT SUCCESSOR AGENCY APPROVING AND ADOPTING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR JULY 2014 — DECEMBER 2014 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 1 B 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 15r Ex. Sess.) enacted as Stats. 2011, 15f 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 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, 2014, 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, 2014, which has to be approved by the Oversight Board, no later than March 3, 2014; 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 6 environment; and WHEREAS, the Successor Agency has reviewed and duly considered the Recognized Obligation Payment Schedule for the period July 2014 — December 2014, 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 2014 — December 2014, 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: Exhibit 1: Recognized Obligation Payment Schedule (ROPS 14 -15A) July- December 2014 m3 ffi set °a m n< §r LL � -Tr Ez mm 4 y s� z 1 rc °oh a na Ky wv=E a Bag➢ a` a� E e z n �f FP _g ° LL ° t , ale ^mom"£ m ° °€ amano w »° a° =° E o' NqR QAwM mm Ega o� C C m 3 Ea v m ° € $ �;R a m � ago °a °➢° o" �� 'o a?I?soSaa g ��S Sm Sa_ .g< u E i m Ca om �� qW ➢'�2'Gr"}+P a uS ntY g& 5_g un € n�R oRS o 3m 3 � ui �rc 's�mOR uA S A° �w� a & I Recognized Obligation Payment Schedule 14 -15A- Notes Item# Notes /Comments This item has been denied by the Department of Finance, the Successor Agency does not waive any of its constitutional, statutory, legal, or equitable rights to g i conteslJhis_ delendnatlunbxissuancanLWis_RDPS This item has been denied by the Department of Finance the Successor Agency does not Rele any of Its constitutional, statutory, legal, or equitable rights to 10 1contest this determination by Issuance of this RDPS. been denied by the Department of Finance, the Successor Agency does not waive any the Depamnenl of Finance, the Successor Agency does not wale any any item has been denied by the Department of Finance, the Successor Agency does not xalve any of Its constitutional, statutory, legal, or rat this deternmabon by_namance of this ROPS _ _— item has been denied by the Department of Finance, the Successor Agency does not vale any of its constitutional, statutory, legal, or The total outstanding debt or obligation is estimated as of 6136114. This obligation was Included as part of Stpulabon to Entry of Judgment ( Supenor rase M, 34- 19 2013 - 80001382 -COWM- GDS) and the retraining obligation is to be paid from RPTTF. 31 The $11,000 in litigation cost Wil be paid from the pdor period RPTI-F (ROPS 13 -14B), see Reserve Balance The total outstanding debt or obligation is esUmaded as of 6130114. This obligation was included as pan of Stipulation to Entry of Judgment (Superior Case No. 34- 36 2013 - 80001382- CU-MAGDS). The total outstanding debt or obligation is estimated as of 6/30/14. This obligation me included as part of Stipulation to Entry of Judgment (Superior Case No. 34- 37 2013- 80001382- CU- WWGDS). The total outstanding debt or obligation is estimated as of 6130/14. This obligation was included as part of Stipulation to Entry of Judgment (Superior Case No 34- 38 2013- 80001382- 01f-WWWS). Adopted and approved this 11th day of February, 2014. Pam O'Connor, Agency Chair I, Sarah Gorman, Agency Secretary of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 17 (SA) was duly adopted at the meeting of the Santa Monica Redevelopment Successor Agency held on the 11th day of February 2014, by the following vote: Ayes: Agency members: Davis, Holbrook, McKeown, Vazquez, Winterer Mayor O'Connor, Mayor Pro Tem O'Day Noes: Agency members: None Absent: Agency members: None ATTEST: Sarah Gorman, Agency Secretary