HomeMy WebLinkAbout15-009 - Resolutions RESOLUTION NO. 15-009
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA
REDEVELOPMENT AGENCY APPROVING THE EXECUTION
AND DELIVERY OF A HOUSING BOND PROCEEDS FUNDING
AGREEMENT BY AND BETWEEN THE SUCCESSOR AGENCY
AND THE CITY OF RANCHO CUCAMONGA, AS HOUSING
SUCCESSOR, AND TAKING CERTAIN RELATED ACTIONS
WHEREAS, the Rancho Cucamonga Redevelopment Agency (the"Former Agency")was
a duly constituted redevelopment agency pursuant to provisions of the Community
Redevelopment Law (the "Redevelopment Law") set forth in Section 33000 et seq. of the Health
and Safety Code ("HSC") of the State of California; and
WHEREAS, the Former Agency previously issued its 2007 Housing Tax Allocation Bonds,
Series A in the principal amount of $73,305,000 and its 2007 Housing Tax Allocation Bonds,
Series B in the amount of$82,315,000 pursuant to an indenture (the "Indenture") by and between
the Former Agency and Wells Fargo Bank, National Association, as trustee (the "Housing
Bonds"). The Housing Bonds were issued and sold to, among other things, finance low and
moderate income housing activities; and
WHEREAS, pursuant to AB X1 26 (which became effective in June 2011), and the
California Supreme Court's decision in California Redevelopment Association, et al. v. Ana
Matosantos, et al. (53 Cal. 4th 231(2011), the Former Agency was dissolved as of February 1,
2012, the Successor Agency to the Rancho Cucamonga Redevelopment Agency was constituted
as the successor entity to the Former Agency, and an oversight board of the Successor Agency
(the "Oversight Board") was established; and
WHEREAS, pursuant to HSC Section 34175(b), all assets, properties, contracts, leases,
books and records, buildings, and equipment of the Former Agency, including the unspent
proceeds of the Housing Bonds transferred to the control of the Successor Agency by operation
of law. The proceeds of the Housing Bonds have not otherwise been obligated for approved
enforceable obligations and there remains a balance in the Successor Agency's accounts of
approximately $4,173,408 (the "Housing Bond Proceeds"); and
WHEREAS, pursuant to HSC Section 34176(a), the City Council of the City of Rancho
Cucamonga (the"City") adopted Resolution No. 12-032 on February 15, 2012 electing for the City
to retain the housing assets and housing functions previously performed by the Former Agency,
as allowed by law, and thereby becoming the Housing Successor; and
WHEREAS, HSC Section 34176(g) provides that the Housing Successor may designate
the use of, and commit, the Housing Bond Proceeds provided that such use or commitment of
Housing Bond Proceeds is consistent with the bond covenants in the Indenture (the "Bond
Covenants"); and
WHEREAS, HSC Section 34176(g) further provides that a designation of the use, or
commitment, of the Housing Bond Proceeds must be listed on a Recognized Obligation Payment
Schedule("ROPS")and that the Housing Successor must provide notice to the Successor Agency
Resolution No. 15-009— Page 1 of 8
regarding a designation of the use, or commitment, of the Housing Bond Proceeds before
submitting the ROPS to the Oversight Board; and
WHEREAS, HSC Section 34176(g) provides that the review by the Successor Agency,
the Oversight Board and the State Department of Finance (the"DOF")of the Housing Successor's
designations and commitments of Housing Bond Proceeds shall be limited to a determination that
the designations and commitments are consistent with the Bond Covenants and that there are
sufficient funds available therefor; and
WHEREAS, the Successor Agency received notice from the City, acting in its capacity as
the Housing Successor, designating the use of the Housing Bond Proceeds solely for projects
that are consistent with applicable provisions of law, including the applicable provisions of the
Community Redevelopment Law(Health and Safety Code Section 33000, et seq.), the respective
redevelopment plan, the Bond Covenants, and the Housing Successor's Low and Moderate
Income Housing Asset Fund and only in connection with projects for which the Housing Successor
has determined that there are sufficient funds available (the "Housing Projects"); and
WHEREAS, the Successor Agency and the Housing Successor desire to enter into a
Housing Bond Proceeds Funding Agreement (the "Housing Funding Agreement") in connection
with the transfer of the Housing Bond Proceeds to the Housing Successor;
NOW, THEREFORE, the Board of Directors of the Successor Agency to the Rancho
Cucamonga Redevelopment Agency does resolve as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this
Resolution.
SECTION 2. The Housing Funding Agreement, in the form attached hereto as Exhibit A,
is hereby approved. Each of the Chair of this Board, the Vice Chair of this
Board and the Executive Director of the Successor Agency (each, an
Authorized Officer"), individually, is hereby authorized to execute and
deliver, for and in the name of the Successor Agency, the Housing Funding
Agreement in substantially such form, with changes therein as the
Authorized Officer may approve (such approval to be conclusively
evidenced by the execution and delivery thereof).
SECTION 3. The Oversight Board is hereby requested to approve the Successor
Agency's execution and delivery of the Housing Funding Agreement. The
Secretary of the Successor Agency is hereby directed to transmit this
Resolution to the Oversight Board for consideration at the earliest possible
date.
SECTION 4. The Authorized Officers and all other officers of the Successor Agency are
hereby authorized, jointly and severally, to execute and deliver any and all
necessary documents and instruments and to do all things which they may
deem necessary or proper to effectuate the purposes of this Resolution and
the Housing Funding Agreement.
Resolution No. 15-009 —Page 2 of 8
PASSED, APPROVED, AND ADOPTED this 411 day of February 2015.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. Dennis Michael, lufayor
ATTEST:
.P+r Janice C. Reynolds, City Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 4'" day of February 2015.
Executed this 5'" day of February 2015, at Rancho Cucamonga, California.
�
' Janice C. Reynolds, City Clerk
Resolution No. 15-009— Page 3 of 8
EXHIBIT A
HOUSING BOND PROCEEDS FUNDING AGREEMENT
(in substantial final form)
Resolution No. 15-009 — Page 4 of 8
HOUSING BOND PROCEEDS FUNDING AGREEMENT
This HOUSING BOND PROCEEDS FUNDING AGREEMENT (this "Agreement"),
dated as of February 4, 2015, is entered into by and between the City of Rancho Cucamonga, in
its capacity as the successor to the housing assets and functions of the former Rancho Cucamonga
Redevelopment Agency (the "Housing Successor") and the Successor Agency to the Rancho
Cucamonga Redevelopment Agency (the "Successor Agency," and together with the Housing
Successor, the "Parties").
RECITALS:
The former Rancho Cucamonga Redevelopment Agency (the "Former Agency")
previously issued its 2007 Housing Tax Allocation Bonds, Series A in the principal amount of
$73,305,000 and its 2007 Housing Tax Allocation Bonds, Series B in the principal amount of
$82,315,000, both pursuant to an indenture (the "Indenture") by and between the Former Agency
and Wells Fargo Bank, National Association as trustee (collectively the "Housing Bonds"). The
Housing Bonds were issued and sold to, among other things, finance low and moderate income
housing activities.
Pursuant to AB X1 26 (enacted in June 2011), as modified by the California Supreme
Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53
Cal.4th 231(2011), the Former Agency was dissolved as of February 1, 2012, the Successor
Agency to the Rancho Cucamonga Redevelopment Agency was constituted as the successor entity
to the Former Agency, and an oversight board of the Successor Agency (the "Oversight Board")
was established.
Pursuant to California Health and Safety Code ("HSC") Section 34175(b), all assets,
properties, contracts, leases, books and records, buildings, and equipment of the Former Agency,
including the unspent proceeds of the Housing Bonds transferred to the control of the Successor
Agency by operation of law.The proceeds of the Housing Bonds have not otherwise been obligated
for approved enforceable obligations and there remains a balance in the Successor Agency's
accounts of approximately $4,173,408 (the "Housing Bond Proceeds").
Pursuant to HSC Section 34176(a), the City Council of the City of Rancho Cucamonga
("the City") adopted Resolution No. 12-032 on February 15, 2012, electing for the City to retain
the housing assets and housing functions previously performed by the Former Agency, as allowed
by law, and thereby becoming the Housing Successor.
HSC Section 34176(g) provides that the Housing Successor may designate the use of, and
commit, the Housing Bond Proceeds provided that such use or commitment of Housing Bond
Proceeds is consistent with the bond covenants in the Indenture (the "Bond Covenants").
HSC Section 34176(g) further provides that a designation of the use, or commitment, of
the Housing Bond Proceeds must be listed on a Recognized Obligation Payment Schedule
("ROPS")and that the Housing Successor must provide notice to the Successor Agency regarding
a designation of the use, or commitment, of the Housing Bond Proceeds before submitting the
ROPS to the Oversight Board.
Resolution No. 15-009 — Page 5 of 8
HSC Section 34176(g) provides that the review by the Successor Agency, the Oversight
Board and the State Department of Finance (the"DOF") of the Housing Successor's designations
and commitments of Housing Bond Proceeds shall be limited to a determination that the
designations and commitments are consistent with the Bond Covenants and that there are sufficient
funds available therefor.
The Successor Agency received notice from the City, acting in its capacity as the
Housing Successor, designating the use of the Housing Bond Proceeds solely for projects that are
consistent with applicable provisions of law, including the applicable provisions of the
Community Redevelopment Law(Health and Safety Code Section 33000, et sem.), the respective
redevelopment plan, the Bond Covenants, and the Housing Successor's Low and Moderate
Income Housing Asset Fund ("LMIHAF") and only in connection with projects for which the
Housing Successor has determined that there are sufficient funds available (the `Housing
Projects").
The Housing Successor and the Successor Agency desire to enter into this Agreement in
connection with the use of Housing Bond Proceeds by the Housing Successor for the Housing
Projects.
This Agreement provides for the inclusion of the Housing Bond Proceeds on ROPS 15-
16A and the transfer of the Housing Bond Proceeds to the Housing Successor.
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
Section 1. (a) The Successor Agency shall prepare and submit ROPS 15-16A to the
Oversight Board and the DOF and, subject to the approval of the
Oversight Board and DOF, shall include therein the transfer of the
Housing Bond Proceeds to the Housing Successor, with the amount of
Housing Bond Proceeds to include estimated interest earnings through the
date of transfer under Section 2(b).
(b) The Successor Agency shall transfer the Housing Bond Proceeds to
the Housing Successor, in the amount approved by the DOF per ROPS 15-
16A, no later than December 31, 2015.
Section 2. Upon receipt, the Housing Successor shall deposit the Housing Bond
Proceeds into the LMIHF, which fund has been established and is
maintained by the Housing Successor pursuant to HSC Sections 34176
and 34176.1.
Section 3. The Housing Successor covenants that it shall hold and use the Housing
Bond Proceeds solely for projects that are consistent with applicable
provisions of law, including applicable provisions of the Community
Redevelopment Law (Health and Safety Code Section 33000, et sM.), the
respective redevelopment plan, the Bond Covenants, and the LMIHAF
and only in connection with projects for which the Housing Successor has
determined that there are sufficient funds available.
Resolution No. 15-009 — Page 6 of 8
Section 4. Each Party shall maintain books and records regarding its duties pursuant
to this Agreement. Such books and records shall be available for
inspection by the officers and agents of the other Party at all reasonable
times.
Section 5. The Parties agree to take all appropriate steps and execute any documents
which may reasonably be necessary or convenient to implement the intent
of this Agreement.
Section 6. This Agreement may be amended from time to time by written instrument
executed by both Parties.
Section 7. No official, agent, or employee of the Successor Agency or the City or
members of the City Council, or members of the Successor Agency Board
of Directors or Oversight Board shall be individually or personally liable
for any payment hereunder in the event of any default or breach by the
Successor Agency or the City, or for any amount which may otherwise
become due to the City or Successor Agency, or successor thereto, or on
any obligations under the terms of this Agreement.
Section 8. This Agreement is made in the State of California under the Constitution
and laws of the State of California, and is to be so construed.
Section 9. This Agreement will not be effective unless it is approved by the
Oversight Board and the DOF (or the DOE fails to request review within
the time prescribed by law).
Resolution No. 15-009 — Page 7 of 8
IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their
duly authorized officers.
SUCCESSOR AGENCY TO THE RANCHO
CUCAMONGA REDEVELOPMENT AGENCY
By
L. Dennis Michael, Chairman
ATTEST:
Secretary
CITY OF RANCHO CUCAMONGA, as
HOUSING SUCCESSOR
By
L. Dennis Michael, Mayor
ATTEST:
City Clerk
APPROVED:
OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE
RANCHO CUCAMONGA
REDEVELOPMENT AGENCY
By Date:
Mike Costello, Chair
Resolution No. 15-009— Page 8 of 8