HomeMy WebLinkAbout11-156 - Resolutions - (S.A.) RESOLUTION NO. 11-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA MAKING AN ELECTION IN
CONNECTION WITH SERVING AS A SUCCESSOR AGENCY
UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA
HEALTH AND SAFETY CODE AND TAKING CERTAIN
ACTIONS IN CONNECTION THEREWITH
RECITALS:
A. The Rancho Cucamonga Redevelopment Agency (the "Agency") is a
redevelopment agency in the City of Rancho Cucamonga (the "City'), created pursuant to the
Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the
California Health and Safety Code) (the "Redevelopment Law").
B. The City Council of the City of Rancho Cucamonga (the "City Council") adopted
Ordinance No. 166, approving and adopting the redevelopment plan for the Rancho
Redevelopment Project, and from time to time, the City Council has amended such
redevelopment plan. Agency is undertaking a program to redevelop the Project Area.
C. AB X1 26 was signed by the Governor of California on June 29, 2011, making
certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with
Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California
Health and Safety Code. Commencing upon the effectiveness of AB X1 26, AB X1 26 suspends
most redevelopment agency activities and, among other things, prohibits redevelopment
agencies from incurring indebtedness or entering into or modifying contracts. Effective October
1, 2011, AB X1 26 dissolves all existing redevelopment agencies and redevelopment agency
components of community development agencies, provides for the designation of successor
agencies as successor entities to former redevelopment agencies, and provides that except for
those provisions of the Redevelopment Law that are repealed, restricted, or revised pursuant to
AB X1 26, all authority, rights, powers, duties and obligations previously vested with the former
redevelopment agencies under the Redevelopment Law, are vested in the successor agencies.
AB X1 26 imposes numerous requirements on the successor agencies and subjects successor
agency actions to the review of oversight boards established pursuant to the provisions of
Part 1.85.
D. Health and Safety Code Section 34173, which is set forth in Part 1.85, provides
that a city that authorized the creation of a redevelopment agency may elect to serve, or not to
serve, as the successor agency under Part 1.85.
E. AB X1 27 was signed by the Governor of California on June 29, 2011, adding
Part 1.9 (commencing with Section 34192) to Division 24 of the California Health and Safety
Code. Part 1.9 establishes an Alternative Voluntary Redevelopment Program whereby,
notwithstanding the provisions of Part 1.8 and Part 1.85, a redevelopment agency will be
authorized to continue to exist and carry out the provisions of the Redevelopment Law upon the
enactment, prior to the applicable deadline established in Part 1.9 (with the earliest deadline
being October 1, 2011), by the city council of the city which includes that redevelopment agency
of an ordinance to comply with Part 1.9. Pursuant to Health and Safety Code Section 34192, if
a city participates in the Alternative Voluntary Program and complies with all requirements and
obligations contained in Part 1.9, the redevelopment agency in that city will be exempt from Part
1.8 and Part 1.85.
F. The California Redevelopment Association and League of California Cities have
filed a lawsuit in the Supreme Court of California alleging that AB X1 26 and AB X1 27 are
unconstitutional. On August 11, 2011, the Supreme Court of California decided to hear the case
and set a briefing schedule designed to allow the Supreme Court to decide the case before
January 15, 2012. On August 11, 2011, the Supreme Court also issued a stay order, which was
subsequently modified on August 17, 2011. Pursuant to the modified stay order, the Supreme
Court granted a stay of all of AB X1 27 (i.e., Part 1.9), except for Health and Safety Code
Section 34194(b)(2) (relating to the determination of cities' fiscal year 2011-12 remittance
amounts) and a partial stay of AB X1 26. With respect to AB X1 26, Part 1.85 was stayed in its
entirety, but Part 1.8 (including Health and Safety Code Sections 34167 and 34169) was not
stayed.
G. The City Council desires to now adopt this Resolution making an election in
connection with serving as a successor agency under Part 1.85 in the event that the stay is
lifted, AB X1 26 is upheld by the Supreme Court of California, and the Agency is dissolved
pursuant to Part 1.85.
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of this
Resolution.
Section 2. This Resolution is adopted pursuant to Health and Safety Code Section
34173.
Section 3. The City Council hereby elects for the City to serve as a successor
agency under Part 1.85 in the event the Agency is dissolved pursuant to Part 1.85.
Section 4. The City Clerk is hereby authorized and directed to file a certified copy of
this Resolution with the County Auditor-Controller.
Section 5. The officers and staff of the City are herby authorized and directed, jointly
and severally, to do any and all things which they may deem necessary or advisable to
effectuate this Resolution, and any such actions previously taken by such officers are hereby
ratified and confirmed.
Section 6. The adoption of this Resolution is not intended and shall not constitute a
waiver by the City of any right the City may have to challenge the legality of all or any portion of
AB X1 26 or AB X1 27 through administrative or judicial proceedings.
Section 7. At such time as the Agency becomes exempt from Parts 1.8 and 1.85,
this Resolution shall be of no further force or effect.
Section 8. This Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of
Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's
environmental guidelines. The City Council has determined that this Resolution is not a
"project" for purposes of CEQA, as that term is defined by Guidelines Section 15378, because
this Resolution is an organizational or administrative activity that will not result in a direct or
indirect physical change in the environment. (Guidelines Section 15378(b) (5)).
Please see the following page
for formal adoption,certification and signatures
Resolution No. 11-156 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 7`h day of September 2011.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
l
D • nis Michael, Magor
ATTEST:
(�41V2� 60466
ice C. Reynolds, Uy Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed, approved and
adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting
of said City Council held on the 7`h day of September 2011.
Executed this 8`h day of September 2011, at Rancho Cucamonga, California.
J ice C. Reynolds, City Clerk
Resolution No. 11-156 - Page 3 of 3