HomeMy WebLinkAbout2011 CC RESO 2011-221 CDCRESOLUTION NO. 2011 — 221
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF NATIONAL CITY ADOPTING A PRELIMINARY DRAFT OF
THE INITIAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT
TO SECTION 34169(h) OF THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, the Community Development Commission of the City of National
City ("CDC") is a public body, corporate, politic, formed, organized, and exercising its powers
and existing pursuant to the California Community Redevelopment Law, Health and Safety
Code Section 33000, et seq., (the "CRL"), and specifically formed by the City Council of the City
of National City; and
WHEREAS, continued redevelopment 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 the "2011 Redevelopment Legislation"),
which laws purported 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 1.85 of the CRL (the "Dissolution Act") added by the 2011
Redevelopment Legislation ("Part 1.85") provides for the statewide dissolution of all
redevelopment agencies, including the CDC (but not dissolution of the housing authority
thereof), as of October 1, 2011, and provides that, thereafter, a successor agency will
administer the enforceable obligations of the redevelopment agency of the CDC and otherwise
wind up the CDC's affairs, all subject to the review and approval of an oversight committee; and
WHEREAS, as part of this wind up process, all redevelopment agencies are
required to prepare a preliminary draft of the initial recognized obligation payment schedule
listing payments to be made January 2012 through the end of June 2012; and
WHEREAS, the dissolution of the CDC would be detrimental to the health, safety
and economic well-being of the residents of the City, and would cause irreparable harm to the
community because, among other reasons, the redevelopment activities and projects made
possible, implemented and funded by the CDC are highly significant and of enduring benefit to
the community and the City and are a critical component of the City's future; and
WHEREAS, Part 1.9 of Division 24 of the CRL added by the 2011
Redevelopment Legislation ("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 Alternative Voluntary Redevelopment Program
established in Part 1.9; and
Resolution No. 2011 — 221
September 27, 2011
Page Two
WHEREAS, pursuant to Part 1.9, Parts 1.8 and 1.85 of Division 24 of the CRL,
which include the preliminary draft of the initial recognized obligation payment schedule
requirement, will not apply to the CDC if the City enacts the ordinance to participate in the
Alternative Voluntary Redevelopment Program, which allows a community's redevelopment
agency to continue operating, without the constraints of California Health and Safety Code
Section 34161, et seq.; and
WHEREAS, on August 2, 2011, the City Council of the City of National City
adopted Ordinance No. 2011-2365 (the "Ordinance") authorizing the City to participate in the
Alternative Voluntary Redevelopment Program in order to allow the CDC to continue in operation
and performing its functions; and
WHEREAS, on July 18, 2011, the California Redevelopment Association, League
of California Cities, City of Union City, City of San Jose, and John F. Shirey filed a petition for
Writ of Mandate; Application for Temporary Stay, and supporting memorandum and
declarations with the Supreme Court of the State of California (the "Petition"); and
WHEREAS, on August 11, 2011, the California Supreme Court agreed to review
the Petition challenging the constitutionality of the 2011 Redevelopment Legislation and ordered
a stay (the "Supreme Court Stay") relative to specified portions of the2011 Redevelopment
Legislation; and
WHEREAS, on August 17, 2011, the California Supreme Court revised the
Supreme Court Stay; and
WHEREAS, the Supreme Court Stay postponed certain provisions of the 2011
Redevelopment Legislation indefinitely, but left in place provisions requiring a preliminary draft
of the initial recognized obligation payment schedule; and
WHEREAS, subject to the contingencies and reservations set forth herein, the
CDC nevertheless desires to adopt a preliminary draft of the initial recognized obligation payment
schedule; and
WHEREAS, the CDC, by 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 CDC seeks to comply with the Constitution and the
laws of the State of California, including the 2011 Redevelopment Legislation, in order to
preserve the ability of the CDC to continue to operate and perform its obligations and thereby
benefit the community.
NOW, THEREFORE, BE IT RESOLVED by the Community Development
Commission of the City of National City as follows:
Section 1.
The foregoing Recitals are true and correct, and incorporated into this
Resolution by this reference, and constitute a material part of this
Resolution.
Resolution No. 2011 — 221
September 27, 2011
Page Three
Section 2.
Pursuant to California Health and Safety Code Section 34169, the CDC
hereby adopts the preliminary draft of the initial recognized obligation
payment schedule. The preliminary draft of the initial recognized
obligation payment schedule is that which is referred to in Health and
Safety Code Section 34169(h), and shall be interpreted and applied in all
respects in accordance with such section and the California
Redevelopment Law, to the fullest extent permitted by law. However, it is
applicable to and binding on the CDC only to the extent that Part 1.8 of
the 2011 Redevelopment Legislation is applicable to the CDC.
Section 3. The Executive Director, or designee, is hereby authorized and directed to:
(i) post the preliminary draft of the initial recognized obligation payment
schedule on the City's website; (ii) notify the County Auditor -Controller,
the State Controller and the State Department of Finance concerning the
posting of such document; and (iii) take such other actions and execute
such other documents as are necessary to effectuate the intent of this
Resolution.
Section 4.
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 right or
remedies the City may have, whether in law or in equity, to challenge the
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 that the 2011 Redevelopment Legislation is/are constitutional or
lawful.
Section 5. The Secretary shall certify to the adoption of this Resolution, which shall
take effect upon the date of its adoption.
ATTEST:
PASSED and ADOPTED this 27th day of September, 2011.
Ron Morrison, Chairman
PRO AS TO FORM:
Brad RatTfston Secretary - au.ia G.. it . Silva
CDC Ge eral 1 ounsel
Passed and adopted by the Community Development Commission of the City of
National City, California, on September 27, 2011, by the following vote, to -wit:
Ayes: Commissioners Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Chairman, Community Development Commission
Secretanity Development Commission
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-221 of the Community Development Commission of the City
of National City, Califomia, passed and adopted on September 27, 2011.
Secretary, Community Development Commission
By:
Deputy