CRA - 141RESOLUTION NO. CRA - 141
A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY
APPROVING AND ADOPTING A REVISED ENFORCEABLE OBLIGATION PAYMENT
SCHEDULE, PURSUANT TO THE PROVISIONS SET FORTH IN
HEALTH AND SAFETY CODE SECTION 34169 (AB 1X 26)
WHEREAS, by previous action duly and regularly taken, the City Council of the
City of Cypress ( "City Council" or "City" as appropriate) approved and adopted the
Redevelopment Plan for the Merged, Amended, And Restated Redevelopment Plan
( "Merged Redevelopment Plan "); and
WHEREAS, the Merged Redevelopment Plan covers certain properties within the
City known as the Cypress Merged and Amended Redevelopment Project Area
( "Merged Project Area "); and
WHEREAS, the Merged Redevelopment Plan merged the following component
areas into the Merged Project Area:
(1) the Redevelopment Plan for the Civic Center Redevelopment
Project Area, by Ordinance No. 692 adopted on July 19, 1982, as amended by
Ordinance No. 813 adopted on April 10, 1989, by Ordinance No. 932 adopted on
January 9, 1995, by Ordinance No. 1007 adopted on April 9, 2001, by Ordinance No.
1044 adopted on November 10, 2003, by Ordinance No. 1056 adopted on April 26,
2004, and by the aforedescribed Ordinance No. 1067 adopted on June 27, 2005 which
merged, amended, and restated all of the foregoing as part of the Merged
Redevelopment Plan (hereinafter the "Civic Center Component Area ");
(2) the Redevelopment Plan for the Lincoln Avenue Redevelopment
Project Area, by Ordinance No. 852 adopted on June 25, 1990, as amended by
Ordinance No. 932 adopted on January 9, 1995, by Ordinance No. 1013 adopted on
August 27, 2001, by Ordinance No. 1045 adopted on November 10, 2003, by Ordinance
No. 1056 adopted on April 26, 2004, and by the aforedescribed Ordinance No. 1067
adopted on June 27, 2005 which merged, amended, and restated all of the foregoing as
part of the Merged Redevelopment Plan (hereinafter the "Lincoln Avenue Component
Area "); and
(3) the Redevelopment Plan for the Los Alamitos Race Track and Golf
Course Redevelopment Project Area, adopted by Ordinance No. 851 on June 18, 1990,
as amended by Ordinance No. 932 adopted on January 9, 1995, by Ordinance No.
1014 adopted on September 10, 2001, by Ordinance No. 1046 adopted on November
10, 2003, by Ordinance No. 1056, adopted on April 26, 2004, and by the aforedescribed
Ordinance No. 1067 adopted on June 27, 2005 which merged, amended, and restated
all of the foregoing as part of the Merged Redevelopment Plan (hereinafter the "LART
Component Area "); and
WHEREAS, the Cypress Redevelopment Agency ( "Agency ") has been engaged
in activities to execute and implement the Merged Redevelopment Plan pursuant to the
provisions of the California Community Redevelopment Law (Health and Safety Code §
33000, et seq.) ( "CRL "); and
WHEREAS, as part of the 2011 -12 State budget bill, the California Legislature
enacted and the Governor signed, from the 2011 -12 First Extraordinary Session,
Assembly Bills 1X 26 and 1X 27 ( "AB 1X 26" and "AB 1X 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, Health and Safety Code Section 34169, one of the sections added
to the CRL by AB 1X 26, requires the Agency to adopt an Enforceable Obligation
Payment Schedule listing all obligations that are enforceable within the meaning of
Health and Safety Code Section 34167(d) [also added to the CRL by AB 1X 26] and to
designate an official of the Agency whose responsibility shall be to provide information
and documentation for items listed in the Enforceable Obligation Payment Schedule;
and
WHEREAS, the Agency adopted a preliminary Enforceable Obligation Payment
Schedule on August 22, 2011 that outlined all of the Agency's enforceable obligations
until December 31, 2011; and
1
WHEREAS, the Agency has prepared a Revised Enforceable Obligation
Payment Schedule ( "Revised Schedule ") setting forth all of the obligations which the
Agency has determined are enforceable obligations under Health and Safety Code
Sections 34167 and 34169 for the period through June 30, 2012; and
WHEREAS, the Agency's adoption of the Revised Schedule is without prejudice
to the Agency's right to claim that the filing of an enforceable obligation payment
schedule is not required, and the Agency reserves the right to modify, supplement, or
withdraw the Revised Schedule.
NOW, THEREFORE, the Cypress Redevelopment Agency resolves as follows:
1. The foregoing Recitals are incorporated herein and made a part hereof.
2. The Revised Enforceable Obligation Payment Schedule, in the form
presented concurrently with this Resolution, on file with the Agency Secretary, is hereby
approved and adopted. Agency hereby adopts the Revised Schedule under protest and
without prejudice to the Agency's right to claim that the filing of the Revised Schedule is
not required, and the Agency hereby reserves the right to modify, supplement, or
withdraw the Revised Schedule. Agency shall not be bound by the Revised Schedule in
the event a court of competent jurisdiction determines that AB 1X 26 is unconstitutional
and therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time
for filing an appeal therefrom has lapsed.
3. The Executive Director and his authorized designees are authorized and
directed to (1) post the Revised Enforceable Obligation Payment Schedule on the City's
website; (2) designate an Agency representative to whom all questions regarding the
Revised Enforceable Obligation Payment Schedule can be directed; (3) notify, by mail
or electronic means, the County Auditor - Controller, the State Department of Finance,
and the State Controller of the Agency's action to adopt the Revised Enforceable
Obligation Payment Schedule and to provide those persons with the website address
where the Revised Enforceable Obligation Payment Schedule may be found on the
City's website and a telephone and email address for the Agency's designated contact;
and (4) to take other such actions and execute other such documents as are
appropriate to effectuate the intent of this Resolution and to implement the Revised
Enforceable Obligation Payment Schedule on behalf of the Agency.
PASSED AND ADOPTED by the governing body of the Cypress Redevelopment
Agency, at a regular meeting held on the 23rd day of January
2°v
CHA PERS, e F THE CYPRESS
REDEVELOPMENT AGENCY
ATTEST:
SECRETARY OF THE CYPRESS
REDEVELOPMENT AGENCY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, Secretary of the Cypress Redevelopment Agency, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting
of the said Agency held on the 23rd day of January 2012; by the following roll call vote:
AYES: 5 AGENCY MEMBERS: Luebben, Mills, Seymore, Narain, and Bailey
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
pe.41,0aL
SECRETARY OF THE CYPRESS
REDEVELOPMENT AGENCY