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<br /> <br /> <br /> 8/15/12 LES <br /> <br /> <br /> SUCCESSOR AGENCY RESOLUTION NO. 2012- <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA <br /> ANA ACTING AS SUCCESSOR AGENCY TO THE FORMER <br /> COMMUNITY REDEVELOPMENT AGENCY APPROVING THE THIRD <br /> RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) AND <br /> ADOPTING AND APPROVING THE SUCCESSOR AGENCY'S <br /> ADMINISTRATIVE BUDGET FOR THE PERIOD OF JANUARY 1, 2013 <br /> THROUGH JUNE 30, 2013 PURSUANT TO HEALTH AND SAFETY <br /> CODE SECTIONS 34177(1)(1) AND 34177(m), AND CERTAIN OTHER <br /> ACTIONS PURSUANT TO PART 1.85 OF DIVISION 24 OF THE <br /> CALIFORNIA HEALTH AND SAFETY CODE ("DISSOLUTION ACT") <br /> <br /> BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF <br /> SANTA ANA, AS FOLLOWS: <br /> <br /> Section 1. The City Council of Santa Ana, acting as Successor Agency to the former <br /> Agency, hereby finds, determines and declares as follows: <br /> <br /> A. Pursuant to the Dissolution Act, on January 9, 2012, pursuant to section <br /> 34173 of the California Health & Safety Code, the City of Santa Ana ("City") elected to <br /> serve as the Successor Agency for the dissolved Community Redevelopment Agency <br /> ("Agency") of the City of Santa Ana and selected the Housing Authority of the City of <br /> Santa Ana to act as "Successor Housing Agency". <br /> <br /> B. The City Council serves as the governing body of the Successor Agency <br /> under the Dissolution Act, as recently amended by AB 1484, to administer the <br /> enforceable obligations of the Agency and otherwise unwind the Agency's affairs. Many <br /> actions of the Successor Agency are subject to the review and approval of a seven <br /> member Oversight Board. <br /> <br /> C. The first and second ROPS and associated administrative budgets were <br /> approved by the Successor Agency on April 2, 2012 and May 7, 2012, respectively, and <br /> subsequently by the Oversight Board on April 10, 2012 and May 8, 2012, respectively. <br /> The documents were made available to the appropriate entities [State Controller's Office, <br /> State Department of Finance (DOF), and County-Auditor Controller] as required by law. <br /> The DOF approved both ROPS on May 24, 2012, however, several items deemed <br /> enforceable obligations by the Successor Agency and Oversight Board were <br /> disapproved by DOF, which disapproval was and is disputed by the Agency. To date, <br /> the DOF and Agency have not reached a resolution of these matters. <br /> D. Additionally, there is pending litigation (Gerald Peebler, et al., v. State of <br /> California Department of Finance, et al., Case No. 34-2012-80001172), regarding the <br /> South Main Settlement Agreement, one of the enforceable obligations on the prior ROPS <br /> which was approved by the Successor Agency and Oversight Board, but denied by DOF. <br /> <br /> <br /> <br /> 1 <br /> <br /> 3-5 <br />