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HomeMy WebLinkAboutRDA Reso 2012-2051RDA RESOLUTION NO. 2012-2051 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AND ADOPTING THE ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO ASSEMBLY BILL X1 26, DIVISION 24, PART 1.8, SECTION 34169(g)(I) OF THE CALFORNIA COMMUNITY REDEVELOPMENT LAW 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 seq.; 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 Bayfront/Town 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, Parts 1.8, 1.85, and 1.9 of Division 24 of the CRL were added by Assembly Bill Xl 26 ("2011 Redevelopment Legislation"), which 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, the California Supreme Court upheld the 2011 Redevelopment Legislation in its decision in California Redevelopment Association, et al v. Ana Matosantos, et al ("CRA Action") and reformed certain deadline dates or deadlines for performance of obligations azising from part 1.85 of Division 24 of the Health and Safety Code; and WHEREAS, Section 34169(g)(1) in Part 1.8 mandates that every redevelopment agency adopt an "Enforceable Obligation Payment Schedule" ("EOPS"); and WHEREAS, the EOPS lists all of the obligations that are enforceable within the meaning of subdivision (d) of Section 34167 that includes the following information about each obligation: (A) the project name associated with the obligation, (B) the payee, (C) a short description of the nature of the work, product, service, facility, or other thing of value for which payment is to be made, and (D) the amount of payments obligated to be made, by month, through December 2011; and WHEREAS, the deadline to adopt the EOPS was August 28, 2011; and RDA Resolution No. 2012-2051 Page 2 WHEREAS, the City of Chula Vista and Chula Vista Redevelopment Agency did adopt an initial EOPS on August 25, 2011; and WHEREAS, the EOPS is being revised to reflect up-to-date information regazding all of the obligations that are enforceable within the meaning of subdivision (d) of Section 34167 for the time period of January 2012 through June 2012; and WHEREAS, by this Resolution the Agency's Executive Director and Treasurer have caused to be prepazed an EOPS, and by this Resolution the Agency approves such Enforceable Obligation Payment Schedule and authorizes the transmittal of the EOPS to the Department of Finance and the County Auditor-Controller and will post it on the Agency's website; and WHEREAS, the Agency's EOPS, which is consistent with the requirements of § 34169(g) of the CRL, is attached to this Resolution as Exhibit A; and WHEREAS, the Agency reserves its right to amend the EOPS as may be necessazy to capture all the enforceable 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 aze incorporated into this Resolution by this reference, and constitute a material part of this Resolution. Section 2. Pursuant to CRL 34169, the Agency hereby adopts its Enforceable Obligation Payment Schedule attached hereto as Exhibit A and fully incorporated by this reference. The EOPS is that "Enforceable Obligation Payment Schedule" referred to in CRL Section 34169(g) 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 EOPS shall only be applicable to and binding on the Agency to the extent that Part 1.8 is applicable to the Agency. Section 3. The Executive Director and Treasurer of the Agency (and their designees) are hereby authorized and directed to evaluate potential amendments to the EOPS 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 necessazy for the continued payment on and performance of enforceable obligations. Section 4. The Executive Director of the Agency is further authorized and directed to cause to be posted the EOPS on the City's (Agency's) website pursuant to Part 1.8 and to notify the County Auditor-Controller and the State Controller's Office concerning this Resolution, EOPS, and its online publication. RDA Resolution No. 2012-2051 Page 3 Section 5. Section 6. Resolution. Presented by es D. Sandova This Resolution shall take effect upon the date of adoption. The Agency Secretary shall certify to the adoption of this Approved as to form by Director Chula Vista ment Agency ~~ Glen R~Googins' nc ounsel '. , PASSED, APPROVED, and ADOPTED by the Redevelopment Agency of the City of Chula Vista, California, this 24th day of January 2012, by the following vote: AYES: Agency Members: Aguilar, Bensoussan, Castaneda, Ramirez, and Cox NAYS: Agency Members: None ABSENT: Agency Members: None ~ ~ I/~. i~ / ~~\ 4A/ Cheryl Cox, Chair~rsori ATTEST: A ric 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 RDA Resolution No. 2012-2051 was duly passed, approved, and adopted by the Redevelopment Agency at a regular meeting held on the 24th day of January 2012. Executed this 24th day of January 2012. Eric Crockett, Secretazy