2012/02/28 City Council Resolution 2012-23RESOLUTION NO. 2012- 2 3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
AS SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT
COMMISSIONOF THE CITY OF ROHNERT PARK, ADOPTING A THIRD
AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
PURSUANT TO SECTION 34177(a)(1) OF THE CALIFORNIA
HEALTH AND SAFETY CODE
WHEREAS, in accordance with. Section 341710) of the California. Community
Redevelopment Law (Health & Safety Code § 33000 -et seq.) ( "CRL "), the City Council of the
City of Rohnert Park ( "City" or "City Council," as applicable) is the.successbr agency to the
former Community Development Commission of the City of Rohnert Park ( "Commission "), and
is responsible for, among other things, winding down the dissolved Commission's affairs,
continuing to meet the Commission's enforceable obligations, overseeing completion of
redevelopment projects and disposing of the assets and properties of the Commission, all as
directed by the oversight board to be created pursuant to Section 34,179 of the CRL ( "Oversight
Board "); and
WHEREAS, in connection with approval and adoption of the State Budget for Fiscal Year
2011 -12, the California Legislature approved and the Governor signed (i) AB 1X 26 ( Stats.
2011, chap. 5, "AB 1X 26 "), which immediately, and purportedly retroactively, suspended all
otherwise legal redevelopment activities and incurrence of indebtedness, and provided for
- dissolution of California's redevelopment agencies effective October .1, 2011. (the "Dissolution
Act"); and (ii) AB 1X 27 (Stats. 2011., chap. 6, "AB 1X 2T'), which allowed a.local community
to avoid the consequences of the Dissolution Act and continue its redevelopment agency if the
community enacted an ordinance agreeing . to comply with the alternative voluntary
redevelopment program described in Section 2 of AB 1X 27 adding Part 1.9 (commencing with
section 34192) of Division 24 of the Health and Safety Code; and
WHEREAS, in a decision filed on December 29, 2011, the Supreme Court found the
dissolution of redevelopment agencies effected by AB 1X 26 to be a proper exercise of the
legislative power vested in the Legislature by the State Constitution and the provisions of AB 1X
27 allowing communities to save their redevelopment agencies if they made the "voluntary"
remittance payments under AB IX 27 to violate Proposition. 22, thus .upholding the
constitutionality of AB 1X 26 and holding AB IX 27 unconstitutional; and
WHEREAS, AB IX 26 required that each redevelopment agency adopt an enforceable
obligation payment schedule ( "EOPS ") in conformance with Section 34169(8) of the Health and
Safety Code by August 28, 2011, which, among other things, was required to include a list of all
of the agency enforceable obligations, and the amount of payments obligated to be made, by
month, through December 2011; and
WHEREAS, the Commission adopted an Enforceable Obligation Payment Schedule by
Resolution No. 2011 -06 on August 23, 2011, as amended pursuant to a First Amended
Enforceable Obligation Payment Schedule adopted by Resolution No. 2011 -09 on October 11,
2011; and
OAK #4820- 0763 -7262 Q
WHEREAS, the Commission adopted a Second Amended Enforceable Obligation Payment
Schedule by Resolution No: 2012 -04 on January 24, 2012, to include the amount of the payments
for the period January 1, 2012 through June 30, 2012 as well as to make certain other changes
necessary to provide a more accurate list and description of the 'Commission's existing
enforceable obligations; and
WHEREAS; pursuant to Section 34177(a)(1) of the CRL, the City of Rohnert Park, in its
capacity as Successor Agency to the former Community Development Commission, desires to
further amend the EOPS to incorporate certain changes necessary to provide a more accurate list
and description of the existing enforceable obligations; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, AS
SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF ROHNERT PARK, DOES HEREBY RESOLVE AS FOLLOWS:
Section l . The City hereby adopts the Third Amended Enforceable Obligation Payment
Schedule, attached hereto as Exhibit A.
Section 2. The City Clerk is hereby directed to. transmit a copy of the Third Amended
Enforceable Obligation Payment Schedule to the State Department of Finance, the State
Controller and the Sonoma County Auditor - Controller in accordance with Section 34169(g)(2)
of the Health and Safety Code.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park
this 28h day of February, 2012.
CITY OF ROHNERT PARK
AHANOTU: AYE BELFORTE: AYE CALLINAN: AYE STAFFORD: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
OAK #4820 -0763 -7262 v2 2
EXHIBIT A
AME,NDE.D,.E.NjEORCEABLE..OBLIGATIO:i PAYMENT SCHEDULE
OAK #4820-0763-7262 v2
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