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HomeMy WebLinkAbout7153_CCv0001.pdf RESOLUTION NO. 7153 A RESOLUTION OF THE CITY COUNCIL IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS APPROVING AND ADOPTING A REVISED ENFORCEABLE OBLIGATIONS PAYMENT SCHEDULE PURSUANT TO PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE RECITALS WHEREAS, the Redevelopment Agency of the City of Redlands (the "Agency") is a redevelopment agency in the City of Redlands (the "City") created pursuant to the Community Redevelopment Law(Part I (commencing with Section 33 000) of Division 24 of the California Health and Safety Code)(the"Redevelopment LaV);and WHEREAS, the City Council of the City (the "City Council") adopted Ordinance Nos. 1500, 1575 and 2703 approving and adopting the redevelopment plans for the Redlands Project Area and the North Redlands Revitalization Project(the"Project Areas"), and from time to time, the City Council has amended such redevelopment plans;and WHEREAS,the Agency has undertaken a program to redevelop the Project Areas; and WHEREAS, AB X1 26 was signed by the Governor of California on June 29, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8(commencing with Section 34161)and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code;and WHEREAS, commencing upon the effectiveness of AB XI 26, AB XI 26 suspended most redevelopment agency activities and,among other things, prohibits redevelopment agencies from incurring indebtedness or entering into,or modifying,contracts; and WHEREAS, originally effective October 1, 2011, AB XI 26 dissolves all existing redevelopment agencies and redevelopment agency components of community development agencies, provides for the designation of successor agencies as successor entities to former redevelopment agencies, and provides that except for those provisions of the Redevelopment Law that are repealed, restricted, or revised pursuant to AB X 126, all authority, rights, powers, duties and obligations previously vested with the former redevelopment agencies under the Redevelopment Law,are vested in the successor agencies;and WHEREAS, AB XI 26 imposes numerous requirements on the successor agencies and subjects successor agency actions to the review of oversight boards established pursuant to the provisions of Part 1.85;and WHEREAS, Health and Safety Code Section 34173, which is set forth in Part 1.85, provides that a city that authorized the creation of a redevelopment agency may elect to serve, or 1-\cc1erk\ResohAions%cs 7100-7199X7153 Suemsor Agency-adopting EOPS 4,1T 12-doc I not to serve,as the successor agency under Part 1.85; and WHEREAS, AB XI 27 was signed by the Governor of California on June 29, 2011 adding Part 1.9 (commencing with Section 34192) to Division 24 of the California Health and Safety Code which establishes an Alternative Voluntary Redevelopment Program whereby, notwithstanding the provisions of Part 1.8 and Part 1.85, a redevelopment agency will be authorized to continue to exist and carry out the provisions of the Redevelopment Law upon the enactment, prior to the applicable deadline established in Part 1.9 (with the earliest deadline being October 1, 2011), by the city council of the city which includes the redevelopment agency of an ordinance to comply with Part 1.9; and WHEREAS, the California Redevelopment Association and League of California Cities filed a lawsuit in the Supreme Court of California alleging that AB XI 26 and AB XI 27 are unconstitutional;and WHEREAS, on November 1, 2011, the City Council approved Resolution 7089 electing to serve as a successor agency under Part 1.85 in the event that the stay is lifted, AB XI 26 is upheld by the Supreme Court of California, and the Agency is dissolved pursuant to Part 1.85; and WHEREAS, on August 11, 2011, the Supreme Court of California decided to hear the case, and on December 29, 2011, the Supreme Court issued its court order upholding AB X1 26 and striking down AB XI 27; and WHEREAS, the Supreme Court ruled that existing redevelopment agencies are to be dissolved effective February 1, 2012 and also extended by four months deadlines for performance that arise before May 1, 2012 within AB XI 27 that must be performed by successor agencies;and WHEREAS, the payments of existing obligations of the former redevelopment agency are to be made pursuant to an Enforceable Obligation Payment Schedule until a draft Recognized Obligation Payment Schedule is adopted by the City Council, serving in its capacity as Successor Agency,and approved by the Oversight Board; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands, serving in its capacity as Successor Agency,as follows: Section 1. The above recitals are true and correct and are a substantive part of this Resolution- Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34173. Section 3. The City Council, serving in its capacity as Successor Agency, hereby adopts the revised Enforceable Obligation Payment Schedule that lists enforceable obligations of the City's former Redevelopment Agency,by month, from January 1,2012 though June 30, 2012 1AccIerk\ResohAkm%es 7100-719%7153 Successor Agemy-adopt*EOPS 4,17,12.doc 2 and authorizes and directs staff to make payments on the indebtedness of the redevelopment agency pursuant to the Enforceable Obligation Payment Schedule until the draft Recognized Obligation Payment Schedule is approved by the Oversight Board. Section 4. This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act {"CEQA'), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines. The City Council has determined that this Resolution is not a"project" for purposes of CEQA, as the term is defined by Guidelines Section 15378, use this Resolution is an administrative activity that will not result in a direct or indirect physical change in the environment(Guidelines Section 15378(b)(5)). ADOPTED,SIGN-ED AND APPROVED this 17" day of April,2012. Peter Aguilar,Mayor ATTEST: ilAlerV Saint Irwin, C 1, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof, held on the 17'h day of April, 2012,by the following vote: AYES: Councilmembers Harrison, Foster, Gardner; Mayor Aguilar NOES: None ABSTAIN: None ABSENT: Councilmember Bean -7 A Sam Irwin,CitK-le* 1_\cc1erk\Reso1utions1Reg 7100-719%7153 Successor Agency-adopting FOPS 4.17.12,doc 3 VIM zj A sna 8 99 HH zi I t 9 888 t;l$38$3 a i zr 1,11' go v 8 83o sDIsa 8 R 04 8 4 z t z S3 8 td ........... 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