HomeMy WebLinkAbout7115-450 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 REDLANDS AND THE CITY COUNCIL OF THE CITY OF
REDLANDS APPROVING AND ADOPTING AN AMENDED ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE PURSUANT TO AB 1X 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 1X 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 I X 26, and AB I X 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 I X 26, invalidating AB I X 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 EOPS would allow the Agency to make
payments on debts and obligations listed on the EOPS for as long as the EOPS is
operative;and
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WHEREAS, the FOPS was adopted on August 23,2011;and
WHEREAS, Health and Safety Code section 34177(l)(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 I X
26, requires that until an BOPS becomes operative, only payments required pursuant
to an EOPS 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 EOPS 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 EOPS 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. CEQA !CqMliangg. 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 Bernardino.
Section 3. Approval of EOPS. The Agency Board and the Redlands City
Council hereby approve and adopt the revised Enforceable Obligation Payment
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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 her authorized and directed to transmit, by mail
or electronic means, to the San Bernardino County Auditor-Controller, the State
Controller and the Department of Finance, notification providing the website location
of the posted EOPS and other information as required by AB I X 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 EOPS 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 17'h DAY OF JANUARY,2012.
Pete Aguilai, Chaff rperson and Mayor
ATTEST:
KSa�mlmin,, en re 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:
1 9
AYES: Council/Agency Members Harrison, Bean, Foster, Gardner; Mayor/Chairman Aguilar
NOES: None
ABSENT: None
ABSTAIN: None
samn 4invin, genet'Sed City Clerk
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