HomeMy WebLinkAboutResolution No. 5387 RESOLUTION NO. 5387
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY CONFIRMING ITS INTENT THAT
THE PROJECT AREA COMMITTEE FOR THE DOWNEY
REDEVELOPMENT PROJECT BE CONTINUED FOR
THE LIFE OF THE REDEVELOPMENT PLAN
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey
does hereby find, determine and declare that:
A. On November 19, 1990 the Downey Redevelopment
Project Area Committee filed a complaint for breach
of contract and for declaratory relief against the
City of Downey, the Downey Redevelopment Agency,
the City Council of the City of Downey and the
Downey Community Development Commission. The
complaint alleges that the City Council contends
that it has no obligation to continue to fund and
authorize the continued existence of PAC after
three years from the adoption of Plan Amendment
No. 4 to the Downey Redevelopment Plan ( "Plan ") or
a subsequent amendment to the Plan and that the
Council's alleged contention is contrary to the
provisions of Section 200M of the Plan.
B. The PAC contends that the Plan provides for
the City to prospectively extend the PAC for each
of the one year periods during the 30 year duration
of the Downey Redevelopment Plan and any extension
thereof.
C. The legal action of the PAC seeks a judicial
determination that the City Council must
e
r authorize extendin g the duration of the PAC
for a
minimum of 30 one year periods and such additional
one year periods as are necessary if the plan is
extended so long as the PAC itself elects to remain
in existence.
D. The joint minutes of the City
Council /Community Development Commission of the
City of Downey for July 6, 1987, the date of the
adoption of Amendment No. 4 to the Plan, show that
the Plan was modified and presented to the Council
in order "that the Project Area Committee be
continued for the life of the Plan, which is 30
years ".
E. While the PAC has done little during its 3 1/2
year existence due to the limited number of
projects within the Downey Redevelopment Project
Area, there may be future projects which would
necessitate review of housing issues by the PAC.
F. On February 13, 1990 the Council adopted
Resolution No. 5266 pursuant to Health & Safety
Code Section 33386 extending the PAC for an
additional one year period pursuant to Health &
Safety Code Section 33386 and in accordance with
the intent of the Plan. The Council has taken no
action of any kind to terminate the PAC or to make
its operation unfeasible. Additionally, nothing
can be construed from the actions of the Council to
imply an intent to terminate the PAC prior to the
end of the Downey Redevelopment Plan.
SECTION 2. The City Council of the City of Downey
hereby reaffirms its intent as expressed in the Minutes of
the Joint Meeting of the City Council and Community
Development Commission of the City of Downey on July 6, 1987
that in adopting Amendment No. 4 to the Redevelopment Plan
the Project Area Committee will be continued for the life of
the Plan, including any extensions of the Plan with
appropriate yearly reauthorizations. The Council further
finds that its intent with respect to the PAC has been clear
since the meeting of July 6, 1987, that it has done nothing
to alter this intent, and that the lawsuit filed by the
Downey Redevelopment Project Area Committee is both
unnecessary and without merit.
SECTION 3. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 11th day of
December , 1990.
MAYOR
ATTEST:
VIA 1/ ,i
CITY CLERK
-2-
pmt:RES056886
I HEREBY CERTIFY that the foregoing Resolution was duly adopted
by the City Council of the City of Downey at a regular meeting thereof
held on the 11th day of December, 1990, by the following vote, to wit:
AYES: 5 COUNCIL MEMBERS: Boggs, Hayden, Brazelton, Cormack, Paul
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
41111 _
/
IP
CI- rYCL'K