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RDA Resolution 2011-033RESOLUTION NO. RA 2011 - 033 A RESOLUTION OF THE LA QUINTA REDEVELOPMENT AGENCY ADOPTING A PRELIMINARY DRAFT OF THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34169(h) WHEREAS, the City Council of the City of La Quinta ("City Council" or "City," as applicable) approved and adopted (i) the Redevelopment Plan for La Quinta Project Area No. 1 ("Project Area No. 1" or "Project Area No. 1 Redevelopment Plan," as applicable) on November 29, 1983, by Ordinance No. 43, as amended on December 20, 1994, by Ordinance No. 258, on August 19, 2003, by Ordinance No. 388, and on March 16, 2004, by Ordinance No. 402; and (ii) the Redevelopment Plan for La Quinta Redevelopment Project Area No. 2 ("Project Area No. 2" or "Project Area No. 2 Redevelopment Plan," as applicable) on May 16, 1989, by Ordinance No. 139, as amended on December 20, 1994, by Ordinance No. 259, on February 3, 2004, by Ordinance No. 399, on March 16, 2004, by Ordinance No. 403, and on March 16, 2004, by Ordinance No. 404; and WHEREAS, the La Quinta Redevelopment Agency ("Agency") is engaged in activities to execute and implement the Project Area No. 1 Redevelopment Plan and the Project Area No. 2 Redevelopment Plan (collectively, the "Redevelopment Plans") pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code § 33000, et seq.) ("CRL"); and WHEREAS, as part of the 2011-12 State budget bill, the California Legislature enacted and the Governor signed, companion bills AB x1 26 and AB x1 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts an ordinance electing to participate in an "Alternative Voluntary Redevelopment Program" and committing the community to make certain annual remittance payments to the county auditor -controller; and WHEREAS, on August 2, 2011, under the threat of dissolution pursuant to AB x1 26, the City Council adopted Ordinance No. 491, pursuant to which it opted in to the Alternative Voluntary Redevelopment Program contained in AB x1 27, and agreed, subject to certain contingencies and reservations set forth therein, to make the Fiscal Year 2011-2012 annual remittance payment, as well as the subsequent annual remittance payments as set forth in the CRL; and WHEREAS, an action challenging the constitutionality of AB x1 26 and AB x1 27 has been filed in the California Supreme Court by the California Resolution No. RA 2011-033 Adoption of Recognized Obligations Payment Schedule Adopted: September20, 2011 Page 2 Redevelopment Association,, the League of California Cities, and two individual cities; and WHEREAS, on August 11 th, 2011, the Court (i) issued an order indicating that it would exercise jurisdiction over the lawsuit, (ii) set an expedited briefing schedule to allow it to decide the case before the first annual remittance payment is due in January 2012, and (iii) stayed the effectiveness of all of the Continuation Act, and all of the Dissolution Act except Chapter 1 of Part 1.8 thereof (with the exception of Section 34167.5, which was stayed); and WHEREAS, on August 17, 2011, the Court clarified that the stay issued on August 11, 2011 applies to all of the Dissolution Act except Part 1.8 (e.g., Health and Safety Code Sections 34161— 34169.5); and WHEREAS, Health and Safety Code Section 34169 requires redevelopment agencies that do not timely elect to participate in the Alternative Voluntary Redevelopment Program to prepare and adopt, by September 30, 2011, a preliminary draft of their "recognized obligation payment schedule" that lists all obligations of the redevelopment agency that are enforceable within the meaning of subdivision (d) of Section 34167 for the period of January 2012 through June 2012; and WHEREAS, Health & Safety Code Section 34169 requires redevelopment agencies to provide the preliminary draft of the "recognized obligation payment schedule" to the successor agency, if one is established pursuant to Part 1.85 of the Dissolution Act, so that pledges of revenues associated with enforceable obligations of the former redevelopment agencies are honored; and WHEREAS, in order to ensure the Agency's continued ability to operate and make payments on its current obligations pending the Court's decision on the legality of AB x1 26 and AB x1 27, the Agency has determined to adopt, under protest, a preliminary draft of its recognized enforceable obligation payment schedule (the "Schedule"); and WHEREAS, the Agency's adoption of the Schedule is without prejudice to the Agency's right to claim that the filing of a preliminary draft of its recognized enforceable obligation payment schedule is not required, and the Agency reserves the right to modify, supplement, or withdraw the Schedule; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED, by the La Quinta Redevelopment Agency, as follows: Resolution No. RA 2011-033 Adoption of Recognized Obligations Payment Schedule Adopted: September 20, 2011 Page 3 Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Adoption of a Preliminary Draft of the Agency's Recognized Obligation Payment Schedule . In order to enable the Agency to strictly comply with Health and Safety Code Section 34169(h), and based on the Recitals set forth above, the Agency hereby adopts the Schedule attached hereto as Exhibit A as the Agency's preliminary draft of its recognized obligation payment schedule and directs the Agency Secretary to provide a copy of the Schedule to the City, which would be the successor agency to the Agency under Part 1.85 of the Dissolution Act. Section 3. Adoption Under Protest. Agency hereby adopts the Schedule and directs the provision of the Schedule to the City under protest and without prejudice to the Agency's right to claim that the adoption and provision to the City of the Schedule is not required, and the Agency hereby reserves the right to modify, supplement, or withdraw the Schedule. Section 4. Effect of Court Decision. Agency shall not be bound by the Schedule in the event a court of competent jurisdiction determines that both AB x1 26 and AB x1 27 are constitutional and therefore valid, or that both AB 1X 26 and AB x1 27 are unconstitutional and therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for filing an appeal therefrom has lapsed., Section 5. Implementation. The Agency Board hereby authorizes and directs the Executive Director to take any action and execute any documents necessary to implement this Resolution. Section 6. CEQA. The Agency Board finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this Resolution is exempt from the requirements of the California Environmental Quality Act ("CEQA") in that it is not a "project," but instead consists of the continuation of a governmental funding mechanism for existing projects and programs for which CEQA analysis has already been conducted, and does not commit funds to any specific project or program. Section 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Agency Board hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. Resolution No. RA 2011-033 Adoption of Recognized Obligations Payment Schedule Adopted: September 20, 2011 Page 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Redevelopment Agency held this 20th of September, 2011, by the following vote, to wit: AYES: Agency Members Adolph, Evans, Franklin, Sniff, Chair Henderson NOES: None ABSENT: None ABSTAIN: None Terry Hand r on, Chairperson La Quinta evelopment Agency /VERONICAWNTECINO, CMC, Agency Secretary ,' La Quinta edevelopment Agency =; (AGENCY SEAL) APPROVED AS TO FORM: M. 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