HomeMy WebLinkAboutCRA - 139RESOLUTION NO. CRA - 139
A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY
APPROVING AND ADOPTING THE PRELIMINARY DRAFT RECOGNIZED
OBLIGATION PAYMENT SCHEDULE, PURSUANT TO THE PROVISIONS SET
FORTH IN HEALTH AND SAFETY CODE SECTION 34169(h) (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, subdivision (h), one of the
sections added to the CRL by AB 1X 26, requires the Agency to adopt a Preliminary
Draft Recognized Obligation Payment Schedule listing enforceable obligations of the
Agency to be paid for the period January 1 -June 30, 2012; and
WHEREAS, as part of litigation filed directly with the California Supreme Court by
the League of California Cities and the California Redevelopment Association
challenging the constitutionality of AB 1X 26 and AB 1X 27, the California Supreme
Court has issued a stay of the enforceability by the State of all of AB 1X 27 and most
portions of AB 1X 26; and
1
WHEREAS, absent some clarifying order from the California Supreme Court
regarding the scope of the stay, Section 34167(h) contained within AB X1 26, appears
to be not included within the scope of the stay and therefore remains in effect; and
WHEREAS, the California Redevelopment Association is recommending that all
redevelopment agencies adopt and approve their Preliminary Draft Recognized
Obligation Payment Schedules by September 30, 2011, in the event that AB 1X 26
remains in effect after the California Supreme Court review; and
WHEREAS, the Agency has prepared a Preliminary Draft Recognized Obligation
Payment Schedule pursuant to Health and Safety Code Sections 34167(h); and
WHEREAS, the Agency's adoption of the Preliminary Draft Recognized
Obligation Schedule is without prejudice to the Agency's right to claim that the filing of
any recognized obligation payment schedule, including the Preliminary Draft
Recognized Obligation Payment Schedule, is not required, and the Agency reserves the
right to modify, supplement, or withdraw the Preliminary Draft Recognized Obligation
Payment Schedule;
NOW, THEREFORE, the Cypress Redevelopment Agency resolves as follows:
1. The foregoing Recitals are incorporated herein and made a part hereof.
2. The Preliminary Draft Recognized 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 Schedule under protest and
without prejudice to the Agency's right to claim that the adoption of the Schedule is not
required, and the Agency hereby reserves the right to modify, supplement, or withdraw
the Schedule. Agency shall not be bound by the Schedule in the event a court of
competent jurisdiction determines that both AB 1X 26 and AB 1X 27 are 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 transmit the Preliminary Draft Recognized Obligation Payment Schedule to
the City (as Successor Agency) and to take other such actions and execute other such
documents as are appropriate to effectuate the intent of this Resolution on behalf of the
Agency.
PASSED AND ADOPTED by the governing b %dy of the Cypress Redevelopment
Agency, at a regular meeting held on the 26th day o ' S: •tember 20
ATTEST:
Pe i/WOU /6C-00444.11
SECRETARY OF THE CYPRESS
REDEVELOPMENT AGENCY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CHAIR RSON OF E CYPRESS
EDEVELOPMENT AGENCY
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 26th day of September 2011; by the following roll call
vote:
AYES: 5 AGENCY MEMBERS: Bailey, Luebben, Narain, Seymore, and Mills
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
PoLbae_
SECRETARY OF THE CYPRESS
REDEVELOPMENT AGENCY
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