Resolution - 2012-70RESOLUTION NO. 2012-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, ACTING AS SUCCESSOR AGENCY TO THE WEST COVINA
REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE
TRANSMITTAL OF AN ADMINISTRATIVE BUDGET FOR THE
SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT
AGENCY, AND SCHEDULES OF DISTRIBUTION OF FUTURE TAX
REVENUES (RECOGNIZED OBLIGATIONS PAYMENT SCHEDULES
"BOPS") FOR THE PERIOD JANUARY 1 — JUNE 30, 2013, PURSUANT
TO ASSEMBLY BILL 1X 26 (AB1X 26)
WHEREAS, the Community Development Commission of the City of West Covina
("Commission") is a community development commission organized and existing under and
pursuant to the California Community Development Commission Law (Part 1.7 of Division 24,
commencing with Section 34100, of the Health and Safety Code of the State of California) (the
"CDCL"); and
WHEREAS, the City Council of the City of West Covina ("City") approved and adopted
the Redevelopment Plans for the following Redevelopment Projects ("Redevelopment Plans")
covering certain: properties within the City (the "Project Areas."):
1. On December 20, 1971 the West Covina City Council adopted the original Central
Business District Redevelopment Project Area by adoption of Ordinance No. 1180.
2. On July 14, 1975 the West Covina City Council adopted the original Eastland
Redevelopment Project Area by adoption of Ordinance No. 1269.
3. On December 21, 1993 the West Covina City Council approved the Merger of the
Central Business District and the Eastland Redevelopment Project Areas by adoption of
Ordinance No. 1927 and Ordinance No. 1928, which adopted the merged area as the West
Covina Redevelopment Project Area and added three non-contiguous areas to the merged project
area; and
WHEREAS, as part of the 2011712 State budget bill, the California Legislature has
enacted and the Governor has signed, companion bills AB 1X 26 and AB 1X 27, requiring that
each redevelopment agency be dissolved unless the community that created it enacts a resolution
committing it to making certain payments; and
WHEREAS, specifically, AB IX 26 prohibits agencies from taking numerous actions,
effective immediately and purportedly retroactively, and additionally provides that agencies are
deemed to be dissolved as of October 1, 2011; and
WHEREAS, additionally, AB 1X 26 which eliminates redevelopment agencies also
requires all Agencies to wind -down their affairs unless the Agencies are extended through
compliance with the requirements of AB 1 X 27; and
WHEREAS, the California Supreme Court on August 11, 2011 issued a partial stay
("Stay") on the operative, effects of ABX1 26 in the case of California Redevelopment
Association, et al. v. Ana Matsonantos, et al. Case No. S 1.94861.
WHEREAS, on December 29, 2011, the California Supreme Court upheld AB IX 26,
which dissolved all of the redevelopment agencies in the State of California as of February 1,
2012, and struck down AB 1 X 27; and
WHEREAS, at a meeting of January 10, 2012, the City of West Covina took action to
designate itself as.the Successor Agency and the Community Development Commission as the
Housing Successor Agency, as provided in California Health and Safety Code §§ 34173 and
34176; and
Resolution No. 2012-70
Page 2
WHEREAS, Health and Safety Code Section 34169(h), which is set forth in Part 1.8,
requires a Successor Agency to prepare and submit an.approved Recognized Obligation Payment
Schedule for the period from January 1, 2013 to June 30, 2013 to the State Department of
Finance by September 1, 2012, which must list the ininimum amounts that must be paid by the
successor agency over that six (6) month period to fulfill its enforceable obligations during that
period; and
WHEREAS, the West Covina City Council, acting as Successor Agency to the . West
Covina Redevelopment Agency, reserves the right to appeal any determination of the California
Director of Finance or other entity regarding the propriety of this resolution as well as any future
determinations; and
WHEREAS, while the West Covina City Council, acting as Successor Agency to the
West Covina Redevelopment Agency, currently intends to comply with the state -mandated
obligations established hereunder; and
WHEREAS, all other legal prerequisites to the adoption of this resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the West Covina City Council, acting as
Successor Agency to the West Covina Redevelopment Agency, as follows:
SECTION 1. The foregoing Recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
SECTION 2. The Schedule of Distribution of Future Tax Revenues (Recognized
Obligations Payment Schedule_ "ROPS") attached hereto as Attachment "2" is approved and..the
City Manager is authorized to transmit the same to the Los Angeles County Auditor -Controller,
the State Controller and the State Department of Finance in accordance with Health and Safety
Code Section 34169 subject to all reservations of rights and contingencies set forth above.
SECTION 3. The Administrative Budgets for the. Successor for the six-month period
January — June 2013, attached hereto as Attachment "3" is approved and the City Manager is
authorized to transmit the same to the Los Angeles County Auditor -Controller, the State
Controller and the State Department of Finance in accordance with Health and Safety Code
Section 34169 subject to all reservations of rights and contingencies set forth above.
SECTION 5. The City Manager or designee is authorized to take all actions necessary to
implement this Resolution, including without limitation, the posting of this Resolution and the
Recognized Obligation Payment Schedule on the City's website, and the provision of notice of
adoption of. this Resolution and such Schedule to the County Auditor -Controller, the State
Controller and the State Department of Finance.
SECTION 6. The City Clerk shall certify as to the passage and adoption of this
Resolution, and it shall thereupon take effect and be in full force, except that this Resolution
shall not be effective during any period of time that the Stay remains effective.
APPROVED AND ADOPTED.on this 21St day of August 2012.
4 i4t, 7(�O�
Mayol Michael Touhey
ATTEST:
ity Clerk La4rie-.0d,rrico
Resolution No. 201.2-70
Page 3
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting held thereof on the 21" day of August 2012 by the following vote
of the City Council:
AYES: Herfert, Sanderson, Sotelo, Sykes, Touhey
NOES: None
ABSENT: None » J�
ABSTAIN: None
ity Clerk_ aurie Carri 4 *.
APPROVED AS TO FORM:
City Otto-me,y-Arnold Alvarez-Glasman