HomeMy WebLinkAboutResolution 2012-002 RESOLUTION NO. 2012-002
.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO (1) DETERMINING THE CITY OF ATASCADERO
WILL SERVE AS THE SUCCESSOR AGENCY TO THE
ATASCADERO REDEVELOPMENT AGENCY ("AGENCY"); AND,
(2) ELECTING THAT THE CITY OF ATASCADERO RETAIN THE
HOUSING ASSETS AND FUNCTIONS PREVIOUSLY HELD AND
PERFORMED BY THE AGENCY
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Sections 33000, et seq.) ("CRL"), the City Council ("City Council") of the City of
Ataseadero ("City") created the Atascadero Redevelopment Agenc} ("Agency") to serve as the
redevelopment agency within the City; and.
WHEREAS, in connection with approval and adoption of the State Budget for Fiscal
Year 2011-12, the California Legislature approved and the Governor signed (i) AB 1X 26 (Stats.
2011, chap. 5, -AB 1X 26"), which immediately, and purportedly retroactively, suspended all
otherwise legal redevelopment activities and incurrence of indebtedness, and prodded for
dissolution of California's redevelopment agencies effective October 1, 2011 (the "Dissolution
Act"); and (ii) AB 1X 27 (Stats. 2011, chap 6. "AB 1X '_7"), which allowed a local community
to avoid the consequences of the Dissolution Act and continue its redevelopment agency if the
community enacted an ordinance agreeing to comply with the alternative voluntary
redevelopment program described in Section 2 of AH 1X 27 adding Pan 1.9 (commencing with
section 34192) of Division 24 of the Health and Safety Code, and,
WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the State
of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana blatosantos,
et al., Case No. 5194861), challenging the constitutionality of AB 1X 26 and AB 1X 27 on
behalf of cities, counties and redevelopment agencies and requesting a stay of enforcement; and,
WHEREAS, in a decision filed on December 29, 2011, the Supreme Court found the
dissolution of redevelopment agencies effected by AB 1X 26 to be a proper exercise of the
legislative poker vested in the Legislature by the State Constitution and the provisions of AB IX
27 allowing communities to save their redevelopment agencies if they made the "voluntary"
remittance payments under AB 1X 27 to violate Proposition 22, thus upholding the
constitutionality of AB 1X26 and holding AB IX 27 unconstitutional; and.
WHEREAS, the Supreme Court extended the timeframes set forth in AB 1X 26 for,
among other things. determining whether a cit} desires to serve as a successor entity until
January 13, 2012 and the dissolution of redevelopment agencies until February 1, '_012; and,
WHEREAS, Health and Safety Code Section 34171(j) defines the "successor agency" as
`r the "county, city, or city and county that authorized the creation of each redevelopment agency:'
City of Atascadero
Resolution No. 2012-002
Page 2 of 3
unless such entity elects not to serve as a successor agency under Section 34173(d) ("Successor
Agency");S Y"); and,
WHEREAS, Health and Safety Code Section 34177 tasks each successor agency with
the responsibility, among other things, for winding down the dissolved redevelopment agency's
affairs, continuing to meet the former redevelopment agency's enforceable obligations.
overseeing completion of redevelopment projects and disposing of the assets and properties of
the former redevelopment agency, all as directed by an oversight bond; and,
WHEREAS, if a city opts out of serving as the successor agency by passing and filing a
resolution to that effect with the county auditor-controller, Health and Safety Code Section
34173(d)provides that another local agency may elect to serve as the successor agency, or in the
event no other local agency so elects, the Governor will appoint a successor agency to be
comprised of three residents of the county; and,
WHEREAS. the City desires to serve as the successor agency to the Agency; and,
WHEREAS, Health and Safety Code Section 34176(a) gives the city that authorized
creation of a redevelopment agency the option of retaining the agency's housing assets and
functions, excluding amounts on deposit in the Low and Moderate Income Housing Fund; and,
WHEREAS. as allowed under AB 1 X 26, the City desires to retain the Agency's housing
�. assets and functions.
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES
HEREBY RESOLVE AS FOLLOWS:
1. In accordance with Health and Safety Code Section 34170 et.seq.including, but not
limited to,Health and Satiety Code Section 34171 Q), the City Council hereby determines that the
City shall serve as the Successor Agency to the Agency; and,
2 In accordance with Health and Safety Code Section 34170 et.seq. including, but not
limited to, Health and Safety Code Section 34176, the City Council elects that the City shall
retain the housing assets and functions previously performed by the Agency. The City expressly
reserves the right to rescind this election.i.e., to retain the housing assets and functions
previously performed by the Agency. at any time in the future with or without cause, and,
3. The City Council hereby further authorizes and directs the City Manager to take all
actions and execute all documents as necessary or appropriate to implement this Resolution; and,
4. This Resolution shall take effect immediately upon adoption.
a.
City of Atascadero
Resolution No. 2012-002
Page 3 of 3
On motion by Council Member O'Malley and seconded by Council Member Clay, the
Ir foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Clay, Fonzi, O'Malley. Sturtevant and Mayor Kelley
NOES: None
ABSENT: None
ADOPTED: January 10. 2012
CITY OF ATASCADERO
By: 'A'�11 KGs"
Bob Kelley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M C , Cij,Clerk
OW
APPR D AS T ORM:
Brian A. Pienk, ity Attorney