RES-ORA-0545 Obligation Payment ScheduleRESOLUTION NO. ORA -0545
A RESOLUTION OF THE ORANGE
REDEVELOPMENT AGENCY ADOPTING A FIRST
AMENDMENT TO THE PRELIMINARY DRAFT OF
THE RECOGNIZED OBLIGATION PAYMENT
SCHEDULE AS REFERRED TO IN SECTION
34169(H) OF THE CALIFORNIA COMMUNITY
REDEVELOPMENT LAW. -
WHEREAS, the Orange Redevelopment Agency (the "Agency ") is a community
redevelopment agency organized and existing under the California Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.; herein referred to as the
CRL ") and has been authorized to transact business and exercise the powers of a
redevelopment agency pursuant to action of the City Council of the City of Orange (the "City
Council "); and
WHEREAS, the Agency is engaged in activities necessary and appropriate to carry
out the Redevelopment Plan for the Orange Merged Project Area ( "Redevelopment Project ")
which was adopted by and through a series of ordinances of the City Council; and
WHEREAS, the Redevelopment Plan sets forth a plan for redevelopment of the
Redevelopment Project consistent with the CRL and 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, the "2011 Redevelopment
Legislation "), which laws were drafted to become effective when signed by the Governor on
June 28, 2011; and
WHEREAS, Part 1.85 provides for the statewide dissolution of all redevelopment
agencies and further provides that upon such dissolution that a successor agency will
administer the enforceable and recognized obligations of all redevelopment agencies and
otherwise wind up the agency's affairs, all subject to the review and approval of oversight
committees; and
WHEREAS, the validity, passage, and applicability of the 2011 Redevelopment
Legislation was the subject of judicial challenge(s), including the action brought by the California
Redevelopment Association ( "CRA ") and the League of California Cities in their own capacity
and on behalf of their members: California Redevelopment Association, et al v. Ana Matosantos,
et al (the "CRA Action "); and
WHEREAS, on September 27, 2011, via Resolution No. ORA -0538, the Agency
adopted a preliminary draft of an Initial Recognized Obligation Payment Schedule and
reserved the right to amend it from time to time, as necessary; and
WHEREAS, on December 29, 2011, the California Supreme Court granted a 4-
month extension to certain deadlines set forth in Assembly Bill X1 26, pursuant to which the
preliminary draft of the Initial Recognized Obligation Payment Schedule was adopted; and
WHEREAS, in order to be consistent with such 4 -month extension, the Agency
desires to amend the preliminary draft of the Initial Recognized Obligation Payment
Schedule to list payments due from May through June, 2012, as set forth on the First
Amendment to the Preliminary Draft of the Initial Recognized Obligation Payment Schedule
attached hereto as Attachment No. 1 and incorporated herein by this reference; and
WHEREAS, the Agency hereby desires to adopt this Resolution, subject to the
express reservation of rights of the Agency and the City of Orange under law and/or equity,
including, without limitation, the effectiveness of AB X1 26, collectively, "Laws "; and
WHEREAS, the Agency does not intend, by adoption of this Resolution, to waive
any constitutional and/or legal rights under law and /or equity, including, without limitation,
the effectiveness of AB Xl 26, by virtue of the adoption of this Resolution and, therefore,
reserves all of its rights under Laws to challenge the applicability of AB X1 26 to the Agency
and /or the City of Orange in any administrative or judicial proceeding; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred; and
WHEREAS, the Agency has duly considered all other related matters and has
determined that the Agency's adoption of this Resolution is 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 Board of Directors of the Orange Redevelopment
Agency resolves, finds and determines, on the basis of the facts set forth in the agenda report
presented to it and any testimony received at the meeting at which this matter was
considered, as follows:
Section 1. The foregoing Recitals are incorporated into this Resolution by this reference
and constitute a material part of this Resolution.
Section 2. Without acknowledging that it is required to do so, the Agency hereby adopts
the First Amendment to the Preliminary Draft of the Initial Recognized Obligation Payment
Schedule attached hereto as Attachment No. 1. However, the First Amendment to the
Preliminary Draft of the Initial Recognized 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 and requires the adoption of a First Amendment to the Preliminary
Draft of the Initial Recognized Obligation Payment Schedule. To the extent that Part 1.8 is
not applicable to the Agency, for any other reason, the Recognized Obligation Payment
Schedule, as it may be amended from time to time, shall not be binding on or control the
Agency's payments on or performance of its obligations.
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Section 3. The Agency's Executive Director is hereby authorized and directed to
evaluate potential amendments to the Recognized 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 recognized
obligations.
Section 4. The Agency's Executive Director is further authorized and directed to post the
First Amendment to the Preliminary Draft of the Initial Recognized Obligation Payment
Schedule on the Agency website and to notify the Orange County Auditor - Controller, the
State Department of Finance, and the Controller of the State concerning this Resolution, the
Recognized Obligation Payment Schedule, and its online publication.
Section 5. The effective date of this Resolution shall be the date of its adoption.
ADOPTED this 24 day of January, 2012.
ATTEST:
C/,, u e C
MarLu y, Agency Clef c
I hereby certify that the foregoing Resolution was duly and regularly adopted by the
Orange Redevelopment Agency at a regular meeting thereof held on the 24 day of January,
2012, by the following vote:
AYES: DIRECTORS: Whitaker, Smith, Cavecche, Dumitru
NOES: DIRECTORS: Bilodeau
ABSENT: DIRECTORS: None
ABSTAIN: DIRECTORS: None
Mary E. gency
The enforceable obligation schedule was passed by a vote of 4 -1 with the following
abstentions due to potential conflicts of interest:
Mayor Cavecche — Line item 34;
Councilmember Whitaker — Line items 29 and 55;
Councilmember Dumitru — Line items 32 and 33;
Councilmember Bilodeau — Line items 18, 19, 20, 25, 26, 27, 28, 31, 32, 33, 35, and 41.
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