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3/29/12 LES <br />SUCCESSOR AGENCY RESOLUTION NO. 2012 -003 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA <br />ACTING AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY <br />REDEVELOPMENT AGENCY APPROVING THE SECOND AMENDED <br />ENFORCEABLE OBLIGATION PAYMENT SCHEDULE (EOPS) AND <br />CERTAIN OTHER ACTIONS PURSUANT TO PART 1.85 OF THE <br />DISSOLUTION ACT <br />BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF <br />SANTA ANA, AS FOLLOWS: <br />Section 1. The City Council of Santa Ana, acting as Successor Agency, hereby finds, <br />determines and declares as follows: <br />A. The California Supreme Court's decision in the recent California <br />Redevelopment Agency v. Matosantos case upheld ABX1 26 which will now control the <br />dissolution and winding down of every California redevelopment agency. ABX1 26 <br />prohibits agencies from taking numerous actions, requires all agencies to wind down <br />their affairs effective immediately, and provides that agencies are deemed to be <br />dissolved as of February 1, 2012. <br />B. By resolution, on January 9, 2012, pursuant to section 34173 of the <br />California Health & Safety Code, the City of Santa Ana ( "City ") elected to serve as the <br />"Successor Agency" to the community's dissolved redevelopment agency ( "Agency ") of <br />the City of Santa Ana and the Housing Authority of the City of Santa Ana as "Successor <br />Housing Agency ". On February 1, 2012, the Agency was dissolved and the City began <br />serving as the Successor Agency. <br />C. The City is performing its functions as the Successor Agency under the <br />Dissolution Act to administer the enforceable obligations of the Agency and otherwise <br />unwind the Agency's affairs, all subject to the review and approval of a seven - member <br />Oversight Board. <br />D. Prior to its dissolution and pursuant to Part 1.8, the former Agency adopted <br />the original Enforceable Obligation Payment Schedule ( "EOPS ") on August 24, 2011, <br />and adopted the Amended Enforceable Obligation Payment Schedule on January 30, <br />2012. <br />E. The Recognized Obligation Payment Schedule ( "ROPS ") is being <br />amended due to a result of a recent discussion with the State Department of Finance. <br />Due to changes in the ROPS, the EOPS is being amended. Therefore, this Second <br />Amended EOPS (attached hereto and incorporated herein as Exhibit A) is being <br />recommended for approval. <br />F. Health and Safety Code Section 34173(e) provides that "the liability of any <br />successor agency, acting pursuant to the powers granted under the act adding this part, <br />shall be limited to the extent of the total sum of property tax revenues it receives <br />pursuant to this part and the value of assets transferred to it as a successor agency for a <br />Resolution No. 2012 -003 <br />Page 1 of 3 <br />