HomeMy WebLinkAboutCC Reso No 2012-001 City Council ResoRESOLUTION NO. 2012-001
RESOLUTION OF THE CITY OF LAKE ELSINORE TO EXPRESS
ITS INTENT TO SERVE AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE
ELSINORE, PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34171(J) AND SECTION 34173, AND TO ELECT TO
RETAIN THE HOUSING ASSETS AND FUNCTIONS
PREVIOUSLY PERFORMED BY THE REDEVELOPMENT
AGENCY OF THE CITY OF LAKE ELSINORE, PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34176
WHEREAS, Assembly Bill 1X 26 (the "Dissolution Act") and Assembly Bill 1X 27
(the "Alternative Redevelopment Program Act") were enacted on June 28, 2011, to
significantly modify the Community Redevelopment Law (Health & Safety Code §33000,
et seq.; the "Redevelopment Law"); and
WHEREAS, on August 11, 2011, the California Supreme Court agreed to review
the California Redevelopment Association and League of California Cities' petition
challenging the constitutionality of the Redevelopment Restructuring Acts; and
WHEREAS, on December 29, 2011, the California Supreme Court ruled that the
Dissolution Act is largely constitutional and the Alternative Redevelopment Program Act
is unconstitutional; and
WHEREAS, the Court's decision means that all California redevelopment
agencies will dissolve on February 1, 2012 pursuant to the Dissolution Act; and
WHEREAS, the Dissolution Act provides that the city that authorized the creation of
the redevelopment agency shall be the "successor agency" to the dissolved
redevelopment agency unless the city elects not to serve as the successor agency under
Section 34173(d)(1) of the Redevelopment Law; and
WHEREAS, Section 34176(a) of the Redevelopment Law provides that the city that
authorized the creation of a redevelopment agency may elect to retain the housing assets
and functions previously performed by the former redevelopment agency; and
WHEREAS, the City of Lake Elsinore (the "City") intends to, and shall serve as, the
successor agency for the Redevelopment Agency of the City of Lake Elsinore (the
"Agency") in accordance with Section 341716) and Section 34173 of the Redevelopment
Law; and
WHEREAS, the City desires to elect to retain the housing assets and functions
previously performed by the Agency in accordance with Section 34176 of the
Redevelopment Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City hereby accepts the designation, and hereby declares its
intent, to sere as the successor agency for the Agency in accordance with Section
341710) and Section 34173 of the Redevelopment Law.
SECTION 2. The City hereby elects to retain the housing assets and functions
previously performed by the Agency in accordance with Section 34176 of the
Redevelopment Law.
SECTION 3. The City Manager, or his designee, is hereby directed to file a copy
of this resolution with the County Auditor-Controller.
SECTION 4. The City Manager, or his designee, is hereby authorized to take
such additional actions, and to execute all documents necessary and appropriate, for
the City to transfer the assets of the Agency to the City, in its capacity as Successor
Agency to the Agency, pursuant to Sections 34175 and 34176 of the Redevelopment
Law.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 10th day of January 2012.
BRIAN ALE
MAYOR
APPROVED AS TO FORM:
lWa PS=ejAe
AllkAbARA LEI OLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2012-001 was adopted by the City Council of the City of Lake
Elsinore, California, at a regular meeting held on the 10th day of January 2012, and that
the same was adopted by the following vote:
AYES: Council Member Weber, Mayor Pro Tern Hickman, Council Member
Magee, Council Member Melendez and Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
Virginia J. loom, C C
City Clerk