Successor Agency

Successor by Law to former Redevelopment Agency

  Marvin Crist    Ken Mann_small    Deputy Mayor Kit Yee Szeto, Esq.     Harvey          

Marvin Crist Email

Ken Mann Email

Kit Yee Szeto Email

Cassandra Harvey Email

Successor Agency meetings take place in conjunction with City Council meetings and are held the 2nd and 4th Tuesday of each month, with special or adjourned meetings scheduled as needed. Some members of the Council also serve as directors of the Lancaster Successor Agency, the Financing Authority and the Housing Authority.

SUCCESSOR AGENCY Meetings
Date: Every 2nd and 4th Tuesday
Time: 5:00 p.m.
Place: City Hall Council Chambers
44933 N. Fern Avenue
Lancaster, CA 93534
661-723-6000

To contact a member of the City Council:
Phone: 661-723-6019

 

REDEVELOPMENT DISSOLUTION ROPS

On June 29, 2011, Governor Brown signed several budget trailer bills to implement the State 
Budget for Fiscal Year 2011/2012: ABx1 26 (the “Dissolution Act”) immediately suspends all 
new redevelopment activities and incurrence of indebtedness, and dissolves redevelopment 
agencies effective October 1, 2011; and ABx1 27 (the “Continuation Act”) allows redevelopment 
agencies to avoid dissolution under the Dissolution Act if their host cities/counties elect to 
comply with the alternative redevelopment program described in Part 1.9 thereof. Under the 
Continuation Act, a redevelopment agency can continue to exist if its host community commits 
to making certain payments beginning in January of 2012.

Within 60 days of the Governor’s signing of the bills, cities that were not intending to “opt in” to 
the Continuation Act were required to adopt an Enforceable Obligation Payment Schedule 
(“EOPS”). The EOPS is required to list all of a redevelopment agency’s monetary obligations 
that are “enforceable” within the meaning of the Dissolution Act. The list is to include: 

• The project name associated with the obligation. 
• The payee. 
• A short description of the nature of the work, product, service, facility, or other thing of 
value for which payment is to be made. 
• The amount of payments obligated to be made, by month, through December 2011. 
• Certain types of payment schedules (e.g., schedules for bond payments and employee 
costs) may be aggregated. 

The Schedule must be adopted at a public meeting and shall be posted on the agency’s or host 
community’s website. Once adopted, the EOPS may be amended at any public meeting of the 
agency. After adoption or amendment, the EOPS is to be provided to the county auditor controller, the State Controller, and the Department of Finance. Based upon the entire statutory 
scheme signed by the Governor, if a city chose to adopt an opt-in ordinance, it was not subject 
to the requirement to adopt an Enforceable Obligation Payment Schedule. For this reason, 
Agency staff had not anticipated preparing or presenting such a schedule. 

However, The California Redevelopment Association, the League of California Cities, and two cities filed a legal challenge to Dissolution Act and the Continuation Act directly in the California Supreme 
Court. Because of the challenge, on August 11, 2011, the California Supreme Court issued a partial stay on the effectiveness of ABx1 26 and ABx1 27 until the Court can rule on the constitutionality of the two bills. As a result, Sections 34161 through 34167 of ABx1 26 are currently in effect and call for the suspension of non-administrative redevelopment agency activities and commencement of some wind down activities including agency board adoption and filing of an Enforceable Obligation Payment Schedule (EOPS) by August 28, 2011. After this date, an agency may only pay for obligations listed on the EOPS unless it is necessary to meet bonded indebtedness. 

On August 17 a clarifying order was issued, indicating that it would exercise jurisdiction over the lawsuit. The Court set an expedited briefing schedule to allow it to decide the case before the first payment is due in January 2012. The Court also stayed the effectiveness of all of the Continuation Act, and some of the Dissolution Act, but not the statute requiring the preparation and adoption of the Enforceable Obligation Payment Schedule. The Court left intact the following provision contained in Health and Safety Code Section 34167(h), which provides: 

"After the enforceable obligation payment schedule is adopted pursuant to Section 
34169, or after 60 days from the effective date of this part [June 29, 2011], whichever is 
sooner, the agency shall not make a payment unless it is listed in an adopted 
enforceable obligation payment schedule, other than payments required to meet 
obligations with respect to bonded indebtedness."

Under the totality of the legislative scheme, this provision would not have applied to the Agency 
because it intended to “opt in” under the Continuation Act. However, since the legislation under 
which it opted in is now on hold, the concern is that if no EOPS is adopted, one could argue that 
the Agency could make no payments after August 29, 2011. While this would be an extreme 
result since the City had already taken the steps to opt in, Agency staff and Agency Counsel do 
not wish to run the risk that payments made without such a list could be challenged at a later 
date. 

The City of Lancaster and the Lancaster Redevelopment Agency adopted Ordinance 970 and Resolution 16-11, respectively, on August 23, 2011, as required by ABx1 26, in order to ensure they have the clearest authority to make payments on indebtedness after August 28, 2011. 

The City of Lancaster and the Lancaster Redevelopment Agency adopted Resolution 18-11 on September 27, 2011 amending and replacing the Enforceable Obligation Payment Schedule.

The City of Lancaster and the Lancaster Redevelopment Agency adopted Resolution 19-11 on October 25, 2011 amending and replacing the Enforceable Obligation Payment Schedule.

The City of Lancaster and the Lancaster Redevelopment Agency adopted Resolution 20-11 on November 08, 2011 amending and replacing the Enforceable Obligation Payment Schedule.

The City of Lancaster and the Lancaster Redevelopment Agency adopted Resolution 21-11 on December 13, 2011 amending and replacing the Enforceable Obligation Payment Schedule.

The City of Lancaster and the Lancaster Redevelopment Agency adopted Resolution 2-12 on January 24,  2012 amending and replacing the Enforceable Obligation Payment Schedule.

February 1, 2012 - The Lancaster Redevelopment Agency ceased to exist and was replaced by the Successor Agency for the Lancaster Redevelopment Agency. The new agency has a governing board as well as an Oversight Board. The Oversight Board is comprised of seven members selected from the community with respect to ABx1 26 section 34179 (a).

February 1, 2012- June 30, 2012
The City of Lancaster and the Successor Agency for the Lancaster Redevelopment Agency adopted the final EOPS Successor Agency New Business 1 on February 28, 2012 amending and replacing the Enforceable Obligation Payment Schedule and adopting a Draft Recognized Obligation Payment Schedule for the period February 1, 2012 – June 30, 2012.

July 1, 2012 - December 31, 2012
The Lancaster Successor Agency Oversight Board approved the Draft Recognized Obligation Payment Schedule for the period February 1, 2012 – June 30, 2012 and the Recognized Obligation Payment Schedule for July 1, 2012 - December 31, 2012 via OB Resolution 05-12 on April 17, 2012.  

January 1, 2013 - June 30, 2013
The Lancaster Successor Agency Oversight Board approved the Recognized Obligation Schedule for January 1, 2013 - June 30, 2013 by OB Resolution 11-12 on August 21, 2012.

July 1, 2013 - December 31, 2013
The Lancaster Successor Agency Oversight Board approved the Recognized Obligation Schedule for July 1, 2013 - December 31, 2013 by OB Resolution 05-13 on February 19, 2013.

January 1, 2014 - June 30, 2014 
The Lancaster Successor Agency Oversight Board approved the Recognized Obligation Schedule for January 1, 2014 - June 30, 2014 by OB Resolution 20-13 on September 17, 2013. 

July 1, 2014 - December 31, 2014 
The Lancaster Successor Agency Oversight Board approved the Recognized Obligation Schedule for July 1, 2014 - December 31, 2014 by OB Resolution 06-14 on February 18, 2014. 

January 1, 2015 - June 30, 2015
The Lancaster Successor Agency Oversight Board approved the Recognized Obligation Schedule for January 1, 2015 - June 30, 2015 by OB Resolution 17-14 on September 16, 2014. 

July 1, 2015 - December 31, 2015 
The Lancaster Successor Agency Oversight Board approved the Recognized Obligation Schedule for July 1, 2015 - December 31, 2015 by OB Resolution 02-15 on February 17, 2015.

January 1, 2016 - June 30, 2016
The Lancaster Successor Agency Oversight Board approved the Recognized Obligation Schedule for January 1, 2015 - June 30, 2015 by OB Resolution 14-15 on September 15, 2015. 

July 1, 2016 - June 30, 2017 
The Lancaster Successor Agency Oversight Board approved the Recognized Obligation Schedule for July 1, 2016 - June 30, 2017 by OB Resolution 03-16 on January 19, 2016.