HomeMy WebLinkAboutRDA Reso 2011-2049RDA RESOLUTION NO. 2011-2049
RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROVING AND ADOPTING
A PRELIMINARY DRAFT OF AN INITIAL RECOGNIZED
OBLIGATION PAYMENT SCHEDULE PURSUANT TO
ASSEMBLY BILL Xl 26, DIVISION 24, PART 1.8, SECTION
34169(h) OF THE CALIFORNIA COMMUNITY
REDEVELOPMENT LAW AND TAKING CERTAIN ACTIONS
IN CONNECTION THEREWITH
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is
organized and existing pursuant to the California Community Redevelopment Law (Health and
Safety Code § 33000, et sey.; hereinafter, the "CRL") and is responsible for the administration of
redevelopment activities within the City of Chula Vista; and
WHEREAS, the City Council of the City of Chula Vista ("City") approved and adopted a
Redevelopment Plan ("Redevelopment Plan") covering the Merged BayfrontlTown Centre I and
Merged Chula Vista project areas ("Project Areas") within the City of Chula Vista; and
WHEREAS, since adoption of the Redevelopment Plan, the Agency has undertaken
redevelopment projects in the Project Areas to eliminate blight, to improve public facilities and
infrastructure, to renovate and construct affordable housing, and to enter into partnerships with
private industries to create jobs and expand the local economy; and
WHEREAS, continued redevelopment of the Project Areas to eliminate blight, improve
public facilities and infrastructure, renovate and construct affordable housing, and enter into
partnerships with private industries to create jobs and expand the local economy is vital to the
health, safety and welfare of the City; and
WHEREAS, Parts 1.8, 1.85, and 1.9 of Division 24 of the CRL were added by Assembly
Bill X1 26 and Assembly Bill X1 27 (together, "201] Redevelopment Legislation"), which laws
purports to become effective immediately; and
WHEREAS, the 2011 Redevelopment Legislation is a part of multiple trailer bills to the
Fiscal Year 2011/2012 California budget bills that were approved by both Houses of the State
Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and
WHEREAS, Part 1.8 of the CRL added by the Redevelopment Legislation ("Part 1.8")
provides for the restriction of activities and authority of the Agency in the interim period prior to
dissolution to certain "enforceable obligations" and to actions required for the general winding
up of affairs, preservation of assets, and certain other goals delineated in Part 1.8; and
RDA Resolution No. 2011-2049
Page 2
WHEREAS, Part 1.85 of the CRL added by the 2011 Redevelopment Legislation ("Part
1.85") provides for the statewide dissolution of all redevelopment agencies, including the
Agency, as of October 1, 2011, and provides that, thereafter, a successor agency will administer
the enforceable obligations of the Agency and otherwise wind up the Agency's affairs, all
subject to the review and approval of an oversight committee; and
WHEREAS, Park 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency may
continue in operation if a city or county that includes a redevelopment agency adopts an
ordinance agreeing to comply with and participate in the Voluntazy Alternative Redevelopment
Program established in Part 1.9 ("Program" or "VARP"); and
WHEREAS, the Agency is aware that the validity, passage, and applicability of the 2011
Redevelopment Legislation is the subject of judicial challenge(s), including the action:
California Redevelopment Association, et al v. Ana Matosantos, et al ("CRA Action"); and
WHEREAS, the Supreme Court accepted original jurisdiction of the CRA Action on
August 11, 2011, notified the parties of the briefing schedule, and importantly, issued a stay
order affecting Part 1.85 and Part 1.9, but the Court did not stay Sections 34161 to 34167 of Part
1.8, then on August 17, 2011, the Supreme Court modified its stay order, which released the stay
on Sections 34167.5 to 34169.5 of Part 1.8 and on Section 34194(b)(2) of Part 1.9, making those
laws now effective ("Supreme Court Stay"); and
WHEREAS, Section 34169(h) in Pazt 1.8 (one of the several statutes that is not stayed)
mandates that every redevelopment agency prepare a preliminazy draft of an initial "Recognized
Obligation Payment Schedule" ("ROPS") by September 30, 2011, and to provide it to the
"successor agency," if a successor agency is established pursuant to Part 1.85, commencing with
section 34170; and
WHEREAS, the City is the designated "successor agency" pursuant to Part 1.85, but Part
1.85 was stayed in its entirety pursuant to the Supreme Court stay; and
WHEREAS, the dissolution of the Agency would be detrimental to the health, safety and
economic well-being of the residents of the City and cause irreparable harm to the community,
because, among other reasons, the redevelopment activities and projects made possible,
implemented and funded by the Agency are highly significant and of enduring benefit to the
community and the City and aze critical component of the City's future; and
WHEREAS, subject to the Supreme Court Stay, the Program allows a community's
redevelopment agency to continue operating, without the constraints of California Health and
Safety Code Section 34161, et seq., and in furtherance thereof the City of Chula Vista, by
ordinance, has indicated its election to so participate in the Program; and
WHEREAS, therefore and notwithstanding any actions planned or already taken with
respect to compliance with the Part 1.9, it is necessary that all redevelopment agencies adopt an
ROPS in order to ensure that the Agency continues to have authority to fulfill its applicable
financial obligations during the effectiveness of the Supreme Court Stay; and
RDA Resolution No. 20] 1-2049
Page 3
WHEREAS, the Agencys ROPS, which is consistent with the requirements of §
34169(h) of the CRL, is attached to this Resolution as Exhibit "A", which documents obligations
of the Agency, including but not limited to items such as, bonds, debt service, storefront
renovation programs, streetscape master plans, reimbursement agreements and City
administrative costs in supporting the Agency; and
WHEREAS, the Agency reserves its right to amend the ROPS as may be necessary to
capture all the obligations the Agency may have in the performance of its duties; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
been met.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
Chula Vista as follows:
Section 1. The foregoing Recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
Section 2. Pursuant to CRL 34169(h), the Agency hereby approves and adopts a
preliminary draft its initial Recognized Obligation Payment Schedule ("ROPS") attached hereto
as Exhibit A and fully incorporated by this reference. The ROPS is that preliminazy draft of an
initial "Recognized Obligation Payment Schedule" referred to in CRL Section 34169(h) and
shall be interpreted and applied in all respects in accordance with such section and the CRL, to
the fullest extent permitted by law; however, the ROPS shall only be applicable to and binding
on the Agency to the extent that Part 1.8 is applicable to the Agency. To the extent that Part 1.8
is not applicable, whether because the City's enactment of the Ordinance (that is currently
subject to the stay issued in the CRA Action), decision(s) by the Supreme Court in the CRA
Action, or for any other reason under the law or by order of a court of competent jurisdiction the
ROPS shall not control the Agency's payments on or performance of its obligations.
Section 3. The Executive Director and Treasurer of the Agency (and their designees)
are hereby authorized and directed to evaluate potential amendments to the ROPS from time to
time as may be appropriate and/or as required by the 2011 Redevelopment Legislation whether
pursuant to its terms, by court order, or as otherwise required by law and to recommend to the
Agency the adoption of those amendments necessary for the continued payment on and
performance of its obligations.
Section 4. The Executive Director of the Agency is further authorized and directed to
cause to be posted the ROPS as required by state law and/or to provide the ROPS to the
"successor agency" as required by state law.
Section 5. The Agency, pursuant to section 33149(1) in Part 1.8, hereby designates
the Redevelopment Administrator of the Redevelopment Agency of the City of Chula Vista as
the official whom the Department of Finance may request for review in connection with the
ROPS and who shall provide the Department of Finance with the telephone number and e-mail
contact information for the purpose of communicating with the Department of Finance.
RDA Resolution No. 2011-2049
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Section 6. The officers and staff of the Agency are hereby authorized and directly,
jointly and severally, to do any and all things which they may deem necessary or advisable to
effectuate this Resolution, and any such actions previously taken by such officers and staff are
hereby ratified and confirmed.
Section 7. This Resolution shall in no way be construed as requiring the Agency (or
the City) to abide by the 2011 Redevelopment Legislation in the event either, or both, bill aze
found unconstitutional or otherwise legally invalid in whole or in part, nor shall this Resolution
effect or give rise to any waiver of rights or remedies the Agency (and/or the City) may have,
whether in law or in equity, to challenge 2011 Redevelopment Legislation. This Resolution shall
not be construed as the Agency's (and/or City's) willing acceptance of, or concurrence with, the
2011 Redevelopment Legislation, either AB X1 26 or AB X1 27; nor does this Resolution
evidence any assertion or belief whatsoever on the part of the Agency (and/or City) the 2011
Redevelopment Legislation is/aze constitutional or lawful.
Section 8. This Resolution shall take effect upon the date of adoption.
Section 9. The Agency Secretazy shall certify to the adoption of this Resolution.
Presented by
J es D. Sandoval
xecutive Director
Approved as to form by
RDA Resolution No. 2011-2049
Page 5
PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of
Chula Vista, California, this 27th day of September 2011, by the following vote:
AYES: Agency Members: Aguilar, Castaneda, Ramirez and Cox
NAYS: Agency Members: None
ABSENT: Agency Members: Bensoussan
` ~~~~
Cheryl Cox, Cha' erso
ATTEST:
Eric Crockett, Secretary
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Eric Crockett, Secretary of the Chula Vista Redevelopment Agency, do hereby certify that the
foregoing Redevelopment Agency Resolution No. 2011-2049 was duly passed, approved, and
adopted by the Redevelopment Agency at a Special meeting held on the 27th day of September
2011.
Executed this 27th day of September 2011.
Eric Crockett, ecretary