Resolution Number CRA 11-11-15-01RESOLUTION NO. CRA 11-11-15-01
A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY AMENDING THE ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE DATED AUGUST 16, 2011
WHEREAS, the San Juan Capistrano Community Redevelopment Agency
("Agency") is a community redevelopment agency duly organized and existing under the
California Community Redevelopment Law, Health and Safety Code Section 33000, et
seq. ("CRL"), and has been authorized to transact business and exercise the power of a
redevelopment agency pursuant to action of the City Council ("City Council") of the City
of San Juan Capistrano ("City"); and
WHEREAS, the existing Redevelopment Plan ("Redevelopment Plan") and the
boundaries of the Redevelopment Plan ("Project Area") were duly established by
ordinances of the City Council; and
WHEREAS, the Agency is responsible for implementation of the Redevelopment
Plan for the Project Area, and the Redevelopment Plan sets forth a plan for
redevelopment of the Project Area consistent with the policies and standards of the
General Plan 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, "2011 Redevelopment
Legislation"), which laws purport to become effective immediately; and
WHEREAS, the 2011 Redevelopment Legislation is a part of multiple trailer bills
to the FY 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 1.85 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
its affairs, all subject to the review and approval of an oversight committee; 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
WHEREAS, as part of this wind up process, all redevelopment agencies are
required to file a schedule of those "enforceable obligations" that require payments to be
made through the end of the calendar year 2011 ("Enforceable Obligation Payment
Schedule"); and
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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 are a critical component of
its future; and
WHEREAS, Part 1.9 of Division 24 of the CRL added by the 2011
Redevelopment Legislation ("Part1.9") 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 Alternative Voluntary
Redevelopment Program established in Part 1.9 ("Program"); and
WHEREAS, specifically, pursuant to Part 1.9, Parts 1.8 and 1.85 of Division 24 of
the CRL, which include the Enforceable Obligation Payment Schedule requirement, will
not apply to the Agency if the City enacts the ordinance to participate in the Program;
WHEREAS, the City adopted the ordinance required by Part 1.9, in order to allow
the Agency to continue in operation and performing its functions ("Ordinance"); and
WHEREAS, subject to the contingencies and reservations set forth herein, the
Agency nevertheless approved Resolution No. CRA 11-08-16-01 adopting the
Enforceable Obligation Payment Schedule on August 16, 2011 and reserved the right
amend it from time to time as necessary; 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: Callfomia Redevelopment Association, et al v. Ana Matosantos, et al
("CRA Action"); and '
WHEREAS, the Agency, by the adoption of this Resolution, does not represent,
disclaim, or take any position whatsoever on the issue of the validity of the
2011 Redevelopment Legislation, but rather the Agency seeks to comply with the
Constitution and laws of the State of California, including the 2011 Redevelopment
Legislation, in order to preserve the ability of the Agency to continue to operate and
perform its obligations and thereby benefit the community; and
WHEREAS, the Agency has duly considered all other related matters and has
determined that the Agency's adoption of this Resolution and evaluation of participation
in the Program are in the best interests of the City, and the health, safety, and welfare of
its residents, and in accord with the public purposes and provisions of applicable state
and local laws and requirements.
NOW THEREFORE THE SAN JUAN CAPISTRANO COMMUNITY
REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The foregoing Recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
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Section 2. Pursuant to CRL Section 34169, the Agency hereby adopts the Amended
Enforceable Obligation Payment Schedule attached hereto as Exhibit "A". The attached
Enforceable Obligation Payment Schedule is that "Enforceable Obligation Payment
Schedule" referred to in CRL Section 34169(8) 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 Enforceable Obligation Payment Schedule shall only be applicable
to and binding on the Agency to the extent that Part 1.8 of the Agency is applicable to
the Agency. To the extent that Part 1.8 is not applicable to the Agency, whether
because of the City's enactment of the Ordinance or for any other reason, the
Enforceable Obligation Payment Schedule shall not be binding on or control the
Agency's payments on or performance of its obligations.
Section 3. The Agency Executive Director is hereby authorized and directed to
evaluate potential amendments to the Enforceable Obligation Payment Schedule from
time to time as may be appropriate, and to recommend to the Agency Board the
adoption of those amendments necessary for the continued payment on and
performance of enforceable obligations.
Section 4. The Agency Executive Director is further authorized and directed to post
the Enforceable Obligation Payment Schedule on the Agency website and to notify the
county auditor, the State Department of Finance, and the Controller of the State
concerning this Resolution, the Enforceable Obligation Payment Schedule, and its
online publication.
Section S. This Resolution shall in no way be construed as requiring the City to abide
by the 2011 Redevelopment Legislation in the event either, or both, bills -are 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 City may have, whether in law
or in equity, to challenge 2011 Redevelopment Legislation. This Resolution shall not be
construed as the City's willing acceptance of, or concurrence with the 2011
Redevelopment Legislation, either ABX1 26 or ABX1 27; nor does this Resolution
evidence any assertion or belief whatsoever on the part of the City the 2011
Redevelopment Legislation is/are constitutional or lawful.
Section S. The Agency Secretary shall certify to the adoption of this Resolution.
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Section 7. PASSED, APPROVED and ADOPTED this 15th day of November, 2011.
SAN JUAN CAPISTRANO COMMUNITY
WuVELOPMENT AGENCY
Freese, Chair
11-15-2011
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed Agency Secretary of the Community Redevelopment
Agency of the City of San Juan Capistrano, do hereby certify that the foregoing
Resolution No. CRA 11-11-15-01 was duly adopted by the Board of Directors of the
Community Redevelopment Agency at a regular meeting thereof, held the 15th day of
November 2011, by the following vote:
AYES:I ; (RECTORS:
NO (RECTORS:
AB T'• DIRECTQRS:
ABS AI IRECTORS:
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Kramer and Chair Freese
Reeve
Allevato
Taylor
ry
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