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2/13/13 LES SUCCESSOR AGENCY RESOLUTION NO. 2013-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACTING AS SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE FOURTH RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS), ROPS 13-14 A, AND ADOPTING AND APPROVING THE SUCCESSOR AGENCY'S ADMINISTRATIVE BUDGET FOR THE PERIOD OF JULY 1, 2013 THROUGH DECEMBER 31, 2013 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(m), AND CERTAIN OTHER ACTIONS PURSUANT TO PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ("DISSOLUTION ACT") BE IT RESOLVED BY THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The City Council of Santa Ana, acting as Successor Agency, conclusively finds, determines and declares as follows: A. Pursuant to the Dissolution Act, on January 9, 2012, pursuant to section 34173 of the California Health & Safety Code, the City of Santa Ana ("City") elected to serve as the Successor Agency for the dissolved Community Redevelopment Agency ("Agency") of the City of Santa Ana and selected the Housing Authority of the City of Santa Ana to act as "Successor Housing Agency". B. The City Council serves as the governing body of the Successor Agency under the Dissolution Act, as amended by AB 1484, to administer the enforceable obligations of the Agency and otherwise unwind the Agency's affairs. Many actions of the Successor Agency are subject to the review and approval of a seven member Oversight Board. C. The first, second and third ROPS and associated administrative budgets were all approved by the Oversight Board and Successor Agency as required by law. The documents were made available to the appropriate entities [State Controller's Office, State Department of Finance (DOF), and County-Auditor Controller] as required by law. The DOF approved these ROPS, however, several items deemed enforceable obligations by the Oversight Board and Successor Agency were disapproved by DOF, which the Agency disputed via a Meet and Confer on November 20, 2012. As a result of the Meet and Confer, the DOF issued a Determination Letter dated December 18, 2012, reversing its decision on several items finding them enforceable obligations. However, several other items continue to be disputed by the Agency. D. Additionally, there is pending litigation (Gerald Peebler, et al., v. State of California Department of Finance, et al., Case No. 34-2012-80001172), regarding the South Main Settlement Agreement, one of the enforceable obligations on the prior ROPS which was approved by the Oversight Board and Successor Agency, but denied by DOF. Resolution No. 2013-001 Page 1 of 3