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HomeMy WebLinkAboutResolution No. SA 12-0001 SUCCESSOR AGENCY RESOLUTION NO. SA 12 -0001 A RESOLUTION OF THE DOWNEY SUCCESSOR AGENCY ESTABLISHING CERTAIN ORGANIZATIONAL MATTERS PERTAINING TO THE SUCCESSOR AGENCY WHEREAS, City of Downey is a municipal corporation ( "City "); and, WHEREAS, the Community Development Commission of the City of Downey ( "CDC "), a public body, corporate and politic, had the power and authority to exercise redevelopment agency ( "RDA ") functions and powers under the Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ( "CRL "); and, WHEREAS, pursuant to Assembly Bill 26 from the 2011 -12 First Extraordinary Session of the California Legislature ( "ABx1 26 "), enacted as a bill related to the 2011 -12 Budget Act in June 2011, as modified by the California Supreme Court Decision in California Redevelopment Association v. Matosantos (2011) 53 Ca1.4th 231, all redevelopment agencies in California were dissolved on February 1, 2012; and, WHEREAS, pursuant to Health and Safety Code Section 34173(a) and (b), added by ABx1 26, the City Council became the Successor Agency to the RDA functions and powers of the CDC. And on February 1, 2012, assumed all authority, rights, powers, duties, and obligations previously vested with the CDC in that capacity, except for those provisions of the CRL that were repealed, restricted, or revised pursuant to Part 1.85 of Division 24 of the Health and Safety Code; and, WHEREAS, Assembly Bill 1484, from the 2011 -2012 Session of the California Legislature ( "AB 1484 "), amended ABx1 26 and provided, in Health and Safety Code Section 34173(g), that a Successor Agency is a separate public entity from the entity that provides its governance; and, WHEREAS, as a result of this amendment to Health and Safety Code Section 34173(g), it is necessary to address certain organizational matters as set forth in this Resolution; and, NOW, THEREFORE, THE SUCCESSOR AGENCY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated herein. SECTION 2. The Successor Agency hereby finds and declares as follows: A. The name of the Successor Agency shall be the "Downey Successor Agency," and may also be referred to as the "Successor Agency to the Former Redevelopment Component of the Community Development Commission of the City of Downey," and may also be referred to as "City of Downey, acting in its capacity as the Successor Agency to the Former Redevelopment Agency Functions and Powers of the Community Development Commission of the City of Downey," and may be referred by any similar derivations of the above - quoted names. B. The City Council is the Successor Agency Board. The Mayor shall serve as the Chair of the Successor Agency Board and the Mayor Pro -Tem shall serve as the Vice Chair of the Successor Agency Board. The Chair and Vice Chair and other members of the Successor Agency Board shall serve without compensation unless otherwise authorized by State law. RESOLUTION NO. SA 12 -0001 PAGE 2 C. The City Manager shall serve as the Executive Director of the Successor Agency, the Assistant City Manager shall serve as the Assistant Executive Director of the Successor Agency, the City Clerk shall serve as the Secretary of the Successor Agency, and the City Attorney shall serve as General Counsel to the Successor Agency. The City Manager is authorized to direct City employees to perform functions for the Successor Agency. D. The regular meetings of the Successor Agency Board shall be held on the same dates and time as the regular meetings of the City Council. Nothing herein shall prevent or prohibit the Successor Agency Board from holding adjourned regular meetings and special meetings. E. All governing regulations, rules, policies, guidelines, and procedures applicable to the City and the City Council shall apply to the Successor Agency and the Successor Agency Board unless otherwise provided in State law. F. The Successor Agency Board, pursuant to Government Code Section 27281, hereby authorizes the Executive Director of the Successor Agency and the Assistant Executive Director of the Successor Agency, individually as a sole signatory, to accept and consent, on behalf of the Successor Agency, deeds or grants conveying any interest in or easement upon real estate to the Successor Agency, and to sign such certificate of acceptances as may be required to effect recordation of such deeds or grants as provided in Government Code Section 27281. G. All notices of the Successor Agency and Successor Agency Board required to be published in a newspaper of general circulation shall be published in such newspaper or newspapers used for publication of notices of the City and City Council. H. Persons filing claims against the Successor Agency shall be required to comply with the Division 3.6 of Part 1 of the California Government Code (commencing with Section 810). The procedures established by the City for claims against the City shall apply to claims against the Successor Agency. SECTION 3. All acts, findings, decisions, and determinations of the Successor Agency heretofore taken are hereby ratified. SECTION 4. The Secretary of the Successor Agency shall certify to the adoption of this Resolution. The Secretary of the Successor Agency shall file a statement of organization of the Successor Agency with the County Clerk and with the California Secretary of State if it is determined by the Secretary of the Successor Agency that such filings are necessary. PASSED, APPROVED, AND ADOPTED this 23 day of October, 2012. 1:-)- vs. „,/v),),---- n t ROG C. BROSSMER, Chair -- 1 /^6R1A M. JIMENEZ, CMC Secretary RESOLUTION NO. SA 12 -0001 PAGE 3 HEREBY CERTIFY that the forgoing Resolution was adopted by the Downey Successor Agency at a Regular Meeting held on the 23 day of October 2012, by the following vote, to wit: AYES: Successor Members: Guerra, Marquez, Vasquez, Gafin, Chair Brossmer NOES: Successor Member: None ABSENT: Successor Member: None ABSTAIN: Successor Member: None - 1 „( i i ) ' Ar Y / m f (,,(:' ' ,,,:,,,,, 0, it' ' w RIA M. JIMENE, CMC Secretary