HomeMy WebLinkAbout450 RDA_CCv0001.pdf AGENCY RESOLUTION NO. 450
CITY COUNCIL RESOLUTION NO. 7115
A JOINT RESOLUTION OF THE BOARD OF THE REDEVELOPMENT AGENCY OF
THE CITY OF DLANDS AND THE CITY COUNCIL OF THE CITY OF
REDLANDS APPROVING AND ADOPTING AN AMENDED ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE PURSUANT TO AB IX 26
WHEREAS, pursuant to the Community Redevelopment Law (Health and Safety
Code Sections 33000 et seq.), the City Council of the City of Redlands ("City")
created the Redevelopment Agency of the City of Redlands("Agency");and
WHEREAS, the Agency has been responsible for implementing the
redevelopment plans for the Redlands Redevelopment Project Area and the North
Redlands Revitalization Project covering certain properties within the City ("Project
Areas");and
WHEREAS, as part of the 2011-12 State budget bill, the California Legislature
enacted, and the Governor signed , companion bills AB IX 26 and AB IX 27, requiring
that each redevelopment agency be dissolved unless the community that created it enacts
an ordinance committing it to making certain payments; and
WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the
State of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana
Matosantos, et al., Case No. S194861) ("Litigation"), challenging the constitutionality of
AB IX 26 and AB IX 27 on behalf of cities, counties and redevelopment agencies and
requesting a stay of enforcement; and
WHEREAS, on August 11, 2011, and modified on August 17, 2011, the Supreme
Court stayed portions of AB IX 26, and AB IX 27 in its entirety during the pendency of
the matter,and
WHEREAS, on December 29, 2011,the Supreme Court issued its final decision in
the Litigation,upholding AB 1X 26, invalidating AB IX 27, and extending all statutory
deadlines under AB IX , 26, essentially dissolving all redevelopment agencies
throughout the State effective February 1,2012;and
WHEREAS. Health and Safety Code section 34169, enacted by AB IX 26,
requires redevelopment agencies to adopt, by August 27, 2011, an Enforceable Obligation
Payment Schedule ("EOPS") setting forth the enforceable obligations of the Agency and
the amounts of payments obligated to be made, by month, through December,2011;and
WHEREAS, adoption of the FOPS would allow the Agency to make payments
on debts and obligations listed on the FOPS for as long as the FOPS is operative;and
WHEREAS, the FOPS was adopted on Augmt23, 2011; and
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WHEREAS, Health and Safety Code section 34177(1)(3), enacted by AB IX 26,
provides that the successor agency to the Agency, after the Agency's dissolution, is to
adopt a Recognized Obligation Payment Schedule ("ROPS") succeeding the EOPS
prior to January 1. 2012; and
WHEREAS, the California Supreme Court, in the Litigation, extended the
operative date of the ROPS to May 1, 2012;and
WHEREAS,Health and Safety Code section 34177(a)(1), enacted by AB IX 26,
requires that until an ROPE becomes operative, only payments required pursuant to an
FOPS shall be made; and
WHEREAS, Health and Safety Code section 34177(a)(1) also provides that prior
to February 1, 2012, the following enforceable obligations, set forth in Health and Safety
Code section 34171(e)(2), shall be excluded from the EOPS and removed: (1) any
written agreements between the City and the Agency entered into prior to December 31,
2010, solely for the purpose of securing or repaying indebtedness obligations; and (2)
loan agreements entered into between the Agency and the City within two years of the
date of creation of the Agency;and
WHEREAS, because the previously adopted FOPS is operative only through
December 31, 2011, it must be revised to be operative from January 1, 2012 through
April 30, 2012;and
WHEREAS, if the FOPS provides any debts or obligations be paid by the
Agency to the City pursuant to Health and Safety Code section 34177(a 1), it may only
be included as an enforceable obligation through the month of January, 2011.
NOW, THEREFORE, be it resolved by the Board of the Redevelopment Agency
of the City of Redlands and the Redlands City Council as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. CEOA Compliance. The determination given in this Resolution
does not commit the Agency to any action that may have a significant effect on the
environment As a result, such approvals do not constitute a project subject to the
requirements of the California Environmental Quality Act, The Agency directs Agency
staff to file a Notice of Exemption within five (5) days following adoption of
this Resolution with the Clerk of the Board of Supervisors of the County of San
Bemardino.
Section 3. Approval of EOPS. The Agency Board and the Redlands City
Council hereby approve and adopt the revised Enforceable Obligation Payment
Schedule, in substantially the form attached hereto as Exhibit"A," uired by Health
and Safety Code Section 34169.
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Section 4. Posting; Transmittal to Appropriate Agencies- The Executive
Director is hereby authorized and directed to post a copy of the EOPS on the City's
website. The Executive Director is further authorized and directed to transmit, by mail
or electronic means, to the San Bernardino County Auditor-Corttrofler, the State
Controller and the Department of Finance, notification providing the website location
of the posted EOPS and other information as required by AB 1X 26.
Section 5. Effective Date. Pursuant to Health and Safety Code
Section 34169(i), the action to adopt the EOPS as set forth herein shall not be
effective for three (3) business days following adoption of this Resolution, pending a
request for review of the FOPS by the Department of Finance.
Section 6. Further Actions The Agency Board and the Redlands City
Council authorize the Executive Director of the Agency and the Redlands City Manager to
take such actions as necessary to carry out the intent of this Resolution.
ADOPTED,SIGNED AND APPROVED THIS 17t'DAY OF JANUARY,2012.
V
Pete Aguilar-, Chairperson and Mayor
ATTEST:
Sam-Irwin,Agency ecretary and City Clerk
1, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was
adopted by the City Council/Agency Board at a regular meeting thereof held on the 17th day of
January,2012 by the following vote:
AYES: Council/Agency Members Harrison, Bean, Foster, Gardner-, Mayor/Chairman Aguilar
NOES: None
ABSENT- None
ABSTAIN: None
in
S m Irwin,in,Agency �retary C`ityyCle�rk
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