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HomeMy Public PortalAbout2012.020 - LSA (08-07-12)RESOLUTION NO. 2012.020 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY APPROVING A THIRD. RECOGNIZED OBLIGATION PAYMENT SCHEDULE COVERING THE PERIOD OF JANUARY 1, 2013 TO JUNE 30, 2013 WHEREAS, on December 29, 2011, the California Supreme Court issued its decision in the case California Redevelopment Association, etal. v. Ana Matosantos, etc., et al., Case No. S196861, and upheld the validity of Assembly Bill 26 ( "ABxl 26 ") and invalidated Assembly Bill 27; and WHEREAS, the Court's decision means that all redevelopment agencies will be dissolved and their successor agencies will begin to function on February 1, 2012; and WHEREAS, on June 27, 2012, the State Legislature passed AB 1484, the redevelopment budget trailer resulting in technical and substantive amendments to ABx1 26; and WHEREAS, AB 1484 requires the Successor Agency to the Lynwood Redevelopment Agency to submit upon approval from the Oversight Board a Third ROPS covering the period of January 1, 2013 to June 30 by September 1, 2012 to the State Department of Finance, State Controller's Office, County Auditor - Controller, and County Chief Administrative Officer: and WHEREAS, pursuant to Section 34177(a)(3) of the Health and Safety Code, only those payment listed on the ROPS may be made by the successor agency from the funds specified in the ROPS; and WHEREAS,. pursuant to Section 34177 (m)(2) of the Health and Safety Code, if the Successor Agency fails to submit a ROPS by the deadline the City is subject to a civil penalty of, $10,000 per day for every day the schedule is not submitted and in addition if the Successor Agency fails to submit a ROPS within 10 days of the deadline the maximum administrative cost allowance for that period will be reduced by 25 %. NOW, THEREFORE, THE SUCCESSOR AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1 . Recitals The Recitals set forth above are true and correct and incorporated herein by reference. Section 2 Approval to adopt the Third Recognized Obligation Payment Schedule The Successor Agency hereby approves the Third Recognized Obligation Payment Schedule covering the period of January 1, 2013 to June 30, 2013, in substantially the form attached hereto as Exhibit A and to submit this to the Oversight Board. Staff is authorized to reformat the attached Exhibit A once the State Department of Finance releases the ROPS template. Section 3. Authorization to Make Changes . To meet the September 1, 2012 deadline and avoid any civil penalty that may be imposed, the Successor Agency authorizes the City Manager or his designee to make changes as necessary to the ROPS before the ROPS is adopted by the Oversight Board; and after the ROPS is adopted by the Oversight Board to reflect any changes made by the Oversight Board. Section 4. Posting; Transmittal to Appropriate Agencies The City Manager is authorized and directed to post a copy of the Third Recognized Obligation Payment Schedule on the City's website. The City Manager or his designee is further authorized and directed to transmit, by mail or electronic means, to the County Auditor - Controller, the State Controller, County Chief Administrative Officer and the State Department of Finance a copy of the Third ROPS and to respond to questions and request for documents, and information from the County and State agencies relating to the ROPS. Section 5. That the City Clerk certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 7 th day of August, 2012. C Jim Morton, ayor ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred G ante, ity ttorney APPROVED AS TO CONTENT: G. Draniel Ojeda, P.E., Urector of Public Works / City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood as Successor Agency to the Lynwood Redevelopment Agency, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 7 day of August, 2012. AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSENT: NONE ABSTAIN: NONE / r Maria Quinonez, Ci y Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood as Successor Agency to the Lynwood Redevelopment Agency, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2012.020 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 7 day of August, 2012. k�� -- Maria Quinonez, City Clerk