HomeMy WebLinkAboutResolution No. 12-7316 RESOLUTION NO. 12 -7316
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
DETERMINING THAT THE CITY OF DOWNEY ELECTS TO, AND SHALL,
SERVE AS THE SUCCESSOR AGENCY TO THE DISSOLVED
REDEVELOPMENT AGENCY COMPONENT OF THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34173
WHEREAS, the Community Development Commission of the City of Downey ( "CDC ") is
a public body, corporate and politic, organized and existing under the California Community
Development Commission Law (Health & Safety Code Section 34100), and, pursuant to Health
and Safety Code Section 34112, functions as both a redevelopment agency consistent with the
California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) and a
housing authority consistent with the Housing Authorities Law (Health & Safety Code Section
34200 et seq.); and,
WHEREAS, as used in this Resolution, the term "Redevelopment Agency" means the
redevelopment agency component of the CDC and not the housing authority component of the
CDC; and,
WHEREAS, the City of Downey is a municipal corporation and a charter city organized
and existing under the Constitution of the State of California ( "City "); and,
WHEREAS, on December 29, 2011, the California Supreme Court issued its opinion in
the case California Redevelopment Association, et al. v. Ana Matosantos, etc., et al., Case No.
S196861, and upheld the validity of Assembly Bill 1X26 ( "AB 1X26 ") and invalidated Assembly
Bill 1X27; and,
WHEREAS, the Court's decision results in the implementation of AB 1X26 which
dissolves all the redevelopment agencies in the State of California as of February 1, 2012; and,
WHEREAS, pursuant to a provision of AB 1X26, codified as Health and Safety Code
Section 34173(d)(1), the city, in the case of a redevelopment agency of a city, automatically
becomes the "Successor Agency" to its dissolved redevelopment agency and is charged with
the responsibility of winding up the affairs of the dissolved redevelopment agency pursuant to
AB 1X26, unless the city council adopts a resolution electing to not serve as the Successor
Agency and thereafter files a copy of such resolution with the county auditor - controller; and,
WHEREAS, the California Supreme Court, in Footnote 25 of its opinion, extended to
January 13, 2012 the deadline for a city to make its decision on whether to decline to be the
Successor Agency to its dissolved redevelopment agency; and,
WHEREAS, the City Council, having considered the matter, has determined, in its
legislative discretion, that it is in the best interests of the City for the City to serve as the
Successor Agency to the dissolved Redevelopment Agency component of the CDC; and,
WHEREAS, although pursuant to Health & Safety Code Section 34173(d)(1), the City
_ would automatically became the Successor Agency to the Redevelopment Agency component
of the CDC unless it affirmatively elects to not serve as the Successor Agency by Resolution,
the City nonetheless wishes to express its intention and decision to serve as the Successor
Agency to the dissolved Redevelopment Agency component of the CDC.
RESOLUTION NO. 12 -7316
PAGE TWO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The foregoing Recitals are true and correct and are incorporated herein.
SECTION 2. The City Council of the City of Downey hereby affirmatively determines
that the City of Downey elects to, and shall, serve as the Successor Agency to the dissolved
Redevelopment Agency component of the CDC. Pursuant to Health and Safety Code Section
34172(a), this Resolution and the dissolution of the Redevelopment Agency component of the
CDC shall not affect the housing authority component of the CDC and the CDC and the housing
authority component of the CDC shall continue in effect.
SECTION 3. The City Manager and his authorized designees are hereby authorized
and directed to take such other and further actions and sign such other and further documents
as is necessary and proper to implement this Resolution on behalf of the City.
SECTION 4. The City Manager or City Clerk shall file a copy of this Resolution with the
Los Angeles County Auditor - Controller not later than 5:00 p.m. on January 13, 2012.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10 day o4Tayor
ry, 2012.
ATTEST:
UP 1 0 1/1
ADRIA M. JIM NEZ, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 10 day of January, 2012, by the following
votes, to wit: -
AYES: Council Members: Guerra, Marquez, Vasquez, Gafin, Mayor Brossmer
NOES: Council Members: None
ABSENT: Council Members: None _
ABSTAIN: Council Members: None
dJJ
ADRIA M. JIME EZ, CMC
City Clerk Consultant