RDA Resolution No. 11-04 Enforceable Obligation Payment Schedule RESOLUTION NO. 11 -04
RESOLUTION OF THE CITY OF CUPERTINO REDEVELOPMENT
AGENCY APPROVING AND ADOPTING THE ENFORCEABLE
OBLIGATION PAYMENT SCHEDULE PURSUANT TO PART 1.8 OF
THE REDEVELOPMENT LAW
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et seq.; the "Redevelopment Law "), the City Council (the "City
Council ") of the City of Cupertino (the "City ") adopted in accordance with the Redevelopment
Law, Ordinance No. 1850, on August 21, 2000, adopting the Redevelopment Plan for the
Cupertino Vallco Redevelopment Project Area (the "Redevelopment Plan "), as amended from
time to time; and
WHEREAS, the City of Cupertino Redevelopment Agency (the "Agency ") is responsible
for implementing the Redevelopment Plan pursuant to the Redevelopment Law; and
WHEREAS, AB xl 26 (the "Dissolution Act ") and AB xl 27 (the "Voluntary Program
Act," and together with the Dissolution Act, the "Redevelopment Restructuring Acts ") have been
enacted to significantly modify the Redevelopment Law; and
WHEREAS, on August 11, 2011, the California Supreme Court agreed to review the
California Redevelopment Association and League of California Cities' petition challenging the
constitutionality of the Redevelopment Restructuring Acts and issued an order granting a partial
stay on specified portions of the Redevelopment Restructuring Acts (the "Stay "); and
WHEREAS, under the terms of the Stay and pursuant to Section 34167(h) of the
Redevelopment Law, after August 29, 2011, the Agency can only make payments on bond
obligations until the Agency adopts an enforceable obligation payment schedule listing all of the
obligations that are enforceable within the meaning of Section 34167(d) of the Redevelopment
Law (the "Enforceable Obligation Payment Schedule "); and
WHEREAS, as further set forth in the staff report accompanying this Resolution (the
"Staff Report"), under the terms of various Agency contracts and obligations, the Agency is
required to make payments on its enforceable obligations after August 29, 2011; and
WHEREAS, to avoid defaulting under its enforceable obligations, the Agency has
prepared and desires to adopt an Enforceable Obligation Payment Schedule, under protest and
reserving the Agency's rights to recognize and perform any and all obligations listed therein
without regard to the provisions of the Redevelopment Restructuring Acts; and
WHEREAS under Title 14 of the California Code of Regulations, Section 15378(b)(4),
the approval of this Enforceable Obligation Payment Schedule 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 an existing governmental funding mechanism for potential future
Resolution No. 11 -04
projects and programs, and does not commit funds to any specific project or program, because it
merely lists enforceable obligations previously entered into and approved by the Agency; and
WHEREAS, the Agency Board has reviewed and duly considered the Staff Report, the
proposed Enforceable Obligation Payment Schedule, and documents and other written evidence
presented at the meeting.
NOW, THEREFORE, BE IT RESOLVED, that the Agency Board finds that the above
Recitals are true and correct and have served, together with the supporting documents, as the
basis for the findings and approvals set forth below.
BE IT FURTHER RESOLVED, that 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. The
Agency Board therefore directs that a Notice of Exemption be filed with the County Clerk of the
County of Santa Clara in accordance with the CEQA guidelines.
BE IT FURTHER RESOLVED, that the Agency Board hereby approves and adopts the
Enforceable Obligation Payment Schedule under protest and with a reservation of its rights to
perform any and all obligations listed therein without regard to the provisions of the
Redevelopment Restructuring Acts and to challenge any contrary determination by the State of
California, the County Auditor - Controller or any other body under the provisions of the
Redevelopment Restructuring Acts.
BE IT FURTHER RESOLVED, that the Agency Board authorizes and directs the
Agency's Executive Director or the Executive Director's designee to: (1) post the Enforceable
Obligation Payment Schedule on the Agency or the City's websites, (2) designate an Agency
representative to whom all questions related to the Enforceable Obligation Payment Schedule
can be directed, (3) notify, by mail or electronic means, the County Auditor - Controller, the
Department of Finance, and the Controller of the Agency's action to adopt the Enforceable
Obligation Payment Schedule and to provide those persons with the interne website location of
the posted schedule and the contact information for the Agency's designated contact; and (4) to
take such other actions and execute such other documents as are appropriate to effectuate the
intent of this Resolution and to implement the Enforceable Obligation Payment Schedule on
behalf of the Agency.
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon
adoption.
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Resolution No. 11 -04
The above and foregoing resolution was duly and regularly passed and adopted at a meeting by
the Agency Board on the 16 day of August, 2011 by the following vote:
AYES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
A
Kimberly Smith, A, c • Secretary
Approved:
Gilbert Wong, Agency Chairpers
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