HomeMy WebLinkAbout12-001 - Resolutions - (S.A.) RESOLUTION NO. 12-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, 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") has
adopted a redevelopment plan(s) for a redevelopment project area(s), and from time to time, the
City Council has amended such redevelopment plan(s).
C. AS X1 26 and AS X1 27 were 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) ("Part 1.85')
to Division 24 of the California Health and Safety Code.
D. The California Redevelopment Association and League of California Cities filed a
lawsuit in the Supreme Court of California alleging that AS X1 26 and AS X1 27 are
unconstitutional. On August 11, 2011, the Supreme Court issued a stay order, which was
subsequently modified on August 17, 2011. Pursuant to the modified stay order, the Supreme
Court granted a partial stay of AS X1 26 and AB X1 27.
E. On December 29, 2011, the Supreme Court issued its opinion in California
Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861) largely upholding
AS X1 26, invalidating AS X1 27, and holding that AS X1 26 may be severed from AS X1 27
and enforced independently.
F. Accordingly, the City Council desires to adopt this resolution electing for the City
to serve as the successor agency to the Agency under 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.
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 to 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 through administrative or judicial proceedings.
SECTION 7. 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. 12-001 - Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 11th day of January 2012.
AYES: Alexander, Buquet, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
L. finis ichael, Mayo
ATTEST:
Q�I-kuctL C'�. ed
�anice C. Reynolds, Cit 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 Special Meeting
of said City Council held on the 11th day of January 2012.
Executed this 12th day of January 2012, at Rancho Cucamonga, California.
.danice C. Reynolds, Citf Clerk
Resolution No. 12-001 - Page 3 of 3