HomeMy WebLinkAbout12-021 - Resolutions - (S.A.) RESOLUTION NO. 12-021
A RESOLUTION OF THE CITY COUNCIL AS SUCCESSOR
AGENCY CREATING A REDEVELOPMENT OBLIGATION
RETIREMENT FUND PURSUANT TO HEALTH AND SAFETY
CODE SECTION 34170.5 AND TAKING CERTAIN ACTIONS IN
CONNECTION THEREWITH
RECITALS:
A. AB X1 26 and AB X1 27 were signed by the Governor of California on June 29, 2011,
making certain changes to the Community Redevelopment Law (Part 1 (commencing
with Section 33000) of Division 24 of the California Health and Safety Code) (the
"Redevelopment Law'), including adding Part 1.8 (commencing with Section
34161)("Part 1.8") and Part 1.85 (commencing with Section 34170) ("Part 1.85").
B. The California Redevelopment Association and League of California Cities filed a lawsuit
in the Supreme Court of California (California Redevelopment Association, et al. v.
Matosantos, et al. (Case No. S194861)) alleging that AB X1 26 and AB X1 27 are
unconstitutional. On December 29, 2011, the Supreme Court issued its opinion in the
Matosantos case, largely upholding AB X1 26, invalidating AB X1 27, and holding that
AB X1 26 may be severed from AB X1 27 and enforced independently.
C. The Supreme Court generally revised the effective dates and deadlines for performance
of obligations in Part 1.85 arising before May 1, 2012, to take effect four months later.
D. As a result of the Supreme Court's decision, the Rancho Cucamonga Redevelopment
Agency (the "Redevelopment Agency'), a redevelopment agency in the City of Rancho
Cucamonga (the "City"), created pursuant to the Redevelopment Law, was dissolved
pursuant to Part 1.85 on February 1, 2012.
E. By its Resolution No. 12-001, adopted on January 11, 2012, the City Council of the City
made an election to serve as the successor agency for the Redevelopment Agency
under Part 1.85 (the "Successor Agency").
F. Health and Safety Code Section 34170.5 provides that each successor agency shall
create within its treasury a Redevelopment Obligation Retirement Fund to be
administered by the successor agency.
G. Accordingly, the City Council desires to adopt this Resolution creating a Redevelopment
Obligation Retirement Fund within the treasury of the Successor Agency.
NOW, THEREFORE, THE CITY COUNCIL AS SUCCESSOR AGENCY 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 34170.5.
SECTION 3. The City Manager and the Finance Director are hereby authorized and directed
to create within the treasury of the Successor Agency a Redevelopment
Obligation Retirement Fund to be administered by the Successor Agency.
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 Successor Agency are hereby 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.
Please see the following page
for formal adoption,certification and signatures
Resolution No. 12-021 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 15'" day of February 2012.
AYES: Alexander, Buquet, Michael, Williams
NOES: None
ABSENT: Spagnolo
ABSTAINED: None
L. Dennis Michael, Mayo
ATTEST:
11Z � elf d
nice C. Reynolds, Ciq 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 15'" day of February 2012.
Executed this 16'" day of February 2012, at Rancho Cucamonga, California.
nice C. Reynolds, C Clerk
Resolution No. 12-021 - Page 3 of 3