HomeMy WebLinkAboutSA Res SA12-03 2012-02-13RESOLUTION NUMBER SA1 2-03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY ADOPTING AN ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH
AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN
ACTIONS IN CONNECTION THEREWITH
RECITALS
A. AB X1 26 and AB X1 27 were signed by the Governor of California
on June 29, 2011, making certain changes to the Community Redevelopment
Law (Part 1 (commencing with Section 33000) of Division 24 of the California
Health and Safety Code) (the "Redevelopment Law "), including adding Part 1.8
(commencing with Section 34161) ( "Part 1.8 ") and Part 1.85 (commencing with
Section 34170) ( "Part 1.85 ").
B. The California Redevelopment Association and League of
California Cities filed a lawsuit in the Supreme Court of California (California
Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861))
alleging that AB X1 26 and AB X1 27 are unconstitutional. On December 29,
2011, the Supreme Court issued its opinion in the Matosantos case largely
upholding AB X1 26, invalidating AB X1 27, and holding that AB X1 26 may be
severed from AB X1 27 and enforced independently.
C. The Supreme Court generally revised the effective dates and
deadlines for performance of obligations in Part 1.85 arising before May 1, 2012,
to take effect four months later.
D. As a result of the Supreme Court's decision, the Seal Beach
Redevelopment Agency ( "Redevelopment Agency "), a redevelopment agency in
the City of Seal Beach (the "City "), created pursuant to the Redevelopment Law,
was dissolved pursuant to Part 1.85 on February 1, 2012.
E. By its Resolution No. 6211 adopted on January 9, 2012, the City
Council of the City made an election to serve as the successor agency for the
Redevelopment Agency under Part 1.85 (the "Successor Agency ").
F. By its Resolution No. 6222, adopted on February 13, 2012, the City
Council, acting as the governing board for the Successor Agency, established
rules and regulations applicable to the governance and operation of the
Successor Agency, and pursuant to such resolution provided that the Successor
Agency will be governed by a Board of Directors (the "Board ") consisting of the
members of the City Council of the City.
• G. By its Resolution Nos. 11 -12; 11 -14; and 12 -01, the
Redevelopment Agency approved an Enforceable Obligation Payment Schedule,
as amended.
H. Health and Safety Code Section 34177(a) provides that successor
agencies are required to continue to make payments due for enforceable
obligations. Health and Safety Code Section 34177(a)(1), as modified by the
Supreme Court, provides that on and after February 1, 2012, and until a
Recognized Obligation Payment Schedule becomes operative, only payments
required pursuant to an enforceable obligation payment schedule shall be made.
The enforceable obligation schedule may be amended by the successor agency
at any public meeting and shall be subject to the approval of the oversight board
as soon as the board has sufficient members to form a quorum.
1
Resolution Number SAl2 -03
I. Accordingly, the Board desires to adopt this Resolution adopting an
enforceable obligation schedule.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY HEREBY
FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
Section 2. This Resolution is adopted pursuant to Health and Safety Code
Section 34177.
Section 3. The Board hereby adopts the enforceable obligation payment
schedule attached as Exhibit "A" to this Resolution and incorporated herein by
reference (the "Enforceable Obligation Payment Schedule ").
Section 4. The Secretary is hereby authorized and directed to post the
Enforceable Obligation Payment Schedule on the City's web site.
Section 5. The Enforceable Obligation Payment Schedule may be amended
from time to time at any public meeting of the Board.
Section 6. The Secretary is hereby authorized and directed to transmit a copy
of the Enforceable Obligation Payment Schedule by mail or electronic means to
the County Auditor - Controller, the State Controller, and the California
Department of Finance (the "Department of Finance "). A notification providing
the Internet Web site location shall suffice.
Section 7. The officers and staff of the Successor Agency are hereby
authorized and directed, jointly and severally, to do any and all things which they
may deem necessary or advisable to effectuate this Resolution, including
providing documents associated with the Enforceable Obligation Payment
Schedule to the Department of Finance and the State Controller in the manner of
their choosing, and any such actions previously taken by such officers are hereby
ratified and confirmed. The Board hereby designates the Director of
Development Services as the official to whom the Department of Finance may
make requests for review in connection with the Enforceable Obligation Payment
Schedule.
PASSED, APPROVED and ADOPTED by the Successor Agency to the Seal
Beach Redevelopment Agency at a special meeting held on the 13th day
of February , 2012 by the following vote:
AYES: Board Members r
NOES: Board Members
ABSENT: Board Members
ABSTAIN: Board Members
ATTEST:
4"
Se retary/City Clerk
Mayor /Chair
Resolution Number SAl2-03
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, Secretary/City Clerk of the City of Seal Beach, do hereby certify
that the foreg oing resolution is he original copy of Resolution Number SAl2 -03
or file in the office of the City Clerk, passed, approved, and adopted by the
Successor Agency to the Seal Beach Be Redevelopment Agency at a special
meeting held 13th day of February , 2012.
r
E wit' Clerk