HomeMy Public PortalAbout2011.197 (08-23-11) RESOLUTION NO. 2011.197
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AND
LYNWOOD REDEVELOPMENT AGENCY ADOPTING AN ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE PURSUANT TO ABX1 26
WHEREAS, pursuant to the California Community Redevelopment Law (Health
and Safety Code Sections 33000 et seq.), the City Council of the City of Lynwood
("City") created the Lynwood Redevelopment Agency ("Agency"); and
WHEREAS, the Agency has been responsible for implementing the
Redevelopment Plans for Project Area A and the Alameda Redevelopment Project Area
covering certain properties within the City; and
WHEREAS, as part of the 2011-2012 State budget bill, the California State
Legislature recently enacted, and the Governor signed, companion bills ABX1 26 and
ABX1 27, which eliminate every redevelopment agency unless the community that
created it adopts an ordinance ("Continuation Ordinance") agreeing to participate in an
Alternative Voluntary Redevelopment Program ("Alternate Redevelopment Program")
which requires the payment of an annual "community remittance" payment; and
WHEREAS, ABX1 26 also requires redevelopment agencies to adopt, by
August 28, 2011, an Enforceable Obligation Payment Schedule ("EOPS") which will
serve as the basis for the payment of the Agency's outstanding financial obligations if
the City does not adopt an ordinance electing to participate in the Alternate
Redevelopment Program and the Agency is dissolved; and
WHEREAS, the City held a first reading of the Continuation Ordinance on
August 2, 2011 and a second reading on August 16, 2011; and
WHEREAS, the California League of Cities and the California Redevelopment
Association filed suit in the Supreme Court of the State of California challenging the
constitutionality of ABX1 26 and ABX1 27; and �
WHEREAS, on August 11, 2011, the Supreme Court agreed to take the case
and issued an immediate stay of ABX1 27 in its entirety and a partial stay of ABX1 26; _
and
WHEREAS, because ABX1 27, the statutory scheme which the City and Agency
had opted into through the adoption of the Contin�ation Ordinance, has been stayed, it
appears the Agency must adopt an EOPS at this time because, although the Court
order stayed enforcement of Health and Safety Code Section 34169, the Court order left
in place Health and Safety Code Section 34167 which relies upon and makes reference
to an adopted EOPS; and
WHEREAS, adoption of the EOPS is important as the Agency may be limited to
only making payments for debts and obligations listed on the EOPS during the time the
stay is in place.
NOW, THEREFORE, .THE CITY COUNCIL OF THE CITY OF LYNWOOD AND
LYNWOOD REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Approval of EOPS. The City hereby approves and adopts the
Enforceable Obligation Payment Schedule, in substantially the form attached hereto as
Exhibit A, as required by the recently enacted legislation ABX1 26.
Section 3. Postinq; Transmittal to Appropriate Aqencies. The City
Manage is hereby authorized and directed to post a copy of the EOPS on the City's
website. The City Manager is further authorized and directed to transmit, by mail or
electronic means, to the Los Angeles County Auditor-Controlier, the State Controller
and the Department of Finance, notification providing the website location of the posted
EOPS and other information as required by ABX1 26.
PASSED, APPROVED and ADOPTED this 23' day of August,2011.
I Jy �� -
i� Aide Castro, Mayor
ATTEST:
/ ,
Maria Quinonez, City Clerk Roger L. Haley, C Manager
APPR�D AS TO FORM: APPROVED AS TO CONTENT:
.� � (�� � ✓
�w
Fred alante, City Attomey Robert S. Torre stant City
Manager
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a special meeting held on the 23` day of August, 2011.
AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON
AND CASTRO
NOES: NONE
ABSENT: NONE
• ABSTAIN: NONE
� �
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COU�NTY OF LOS ANGELES )
� I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2011.197 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 23` day of August,
2011.
�
aria Quinonez, City Clerk