CC RES 2011-066 RESOLUTION NO. 2011-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES MAKING AN ELECTION IN CONNECTION WITH SERVING AS A
SUCCESSOR AGENCY UNDER PART 1.85 OF DIVISION 24 OF THE
CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN
ACTIONS IN CONNECTION THEREWITH.
RECITALS:
A. The Rancho Palos Verdes Redevelopment Agency (the "Agency") is a
redevelopment agency in the City of Rancho Palos Verdes (the "City"), created pursuant
to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of
Division 24 of the California Health and Safety Code) (the "Redevelopment Law").
B. The City Council of the City (the "City Council") adopted Ordinance No.
190, approving and adopting the redevelopment plan for Project Area No.1, and from
time to time, the City Council has amended such redevelopment plan. The Agency is
and has been undertaking a program to redevelop the Project Area.
C. AB X1 26 was signed by the Governor of California on June 29, 2011,
making certain changes to the Redevelopment Law, including adding Part 1.8
(commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to
Division 24 of the California Health and Safety Code. Commencing upon the
effectiveness of AB X1 26, AB X1 26 suspends most redevelopment agency activities
and, among other things, prohibits redevelopment agencies from incurring indebtedness
or entering into or modifying contracts. Effective October 1, 2011, AB X1 26 dissolves
all existing redevelopment agencies and redevelopment agency components of
community development agencies, provides for the designation of successor agencies
as successor entities to former redevelopment agencies, and provides that except for
those provisions of the Redevelopment Law that are repealed, restricted, or revised
pursuant to AB X1 26, all authority, rights, powers, duties and obligations previously
vested with the former redevelopment agencies under the Redevelopment Law, are
vested in the successor agencies. AB X1 26 imposes numerous requirements on the
successor agencies and subjects successor agency actions to the review of oversight
boards established pursuant to the provisions of Part 1.85.
D. Health and Safety Code Section 34173, which is set forth in Part 1.85,
provides that a city that authorized the creation of a redevelopment agency may elect to
serve, or not to serve, as the successor agency under Part 1.85.
E. AB X1 27 was signed by the Governor of California on June 29, 2011,
adding Part 1.9 (commencing with Section 34192) to Division 24 of the California Health
and Safety Code. Part 1.9 establishes an Alternative Voluntary Redevelopment
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Program whereby, notwithstanding the provisions of Part 1.8 and Part 1.85, a
redevelopment agency will be authorized to continue to exist and carry out the
provisions of the Redevelopment Law upon the enactment, prior to the applicable
deadline established in Part 1.9 (with the earliest deadline being October 1, 2011), by
the city council of the city which includes that redevelopment agency of an ordinance to
comply with Part 1.9. Pursuant to Health and Safety Code Section 34192, if a city
participates in the Alternative Voluntary Program and complies with all requirements
and obligations contained in Part 1.9, the redevelopment agency in that city will be
exempt from Part 1.8 and Part 1.85.
F. The California Redevelopment Association and League of California Cities
have filed a lawsuit in the Supreme Court of California alleging that AB X1 26 and AB
X1 27 are unconstitutional. On August 11, 2011, the Supreme Court of California
decided to hear the case and set a briefing schedule designed to allow the Supreme
Court to decide the case before January 15, 2012. On August 11, 2011, the Supreme
Court also issued a stay order, which was subsequently modified on August 17, 2011.
Pursuant to the modified stay order, the Supreme Court granted a stay of all of AB X1
27 (i.e., Part 1.9), except for Health and Safety Code Section 34194(b)(2) (relating to
the determination of cities' fiscal year 2011-12 remittance amounts) and a partial stay
of AB X1 26. With respect to AB X1 26, Part 1.85 was stayed in its entirety, but Part 1.8
(including Health and Safety Code Sections 34167 and 34169) was not stayed.
G. The City Council desires to now adopt this Resolution making an election
in connection with serving as a successor agency under Part 1.85 in the event that the
stay is lifted, AB X1 26 is upheld by the Supreme Court of California, and the Agency is
dissolved pursuant to Part 1.85.
NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part
of this Resolution.
Section 2. This Resolution is adopted pursuant to Health and Safety Code
Section 34173.
Section 3. The City Council hereby elects for the City to serve as a successor
agency under Part 1.85 in the event the Agency is dissolved pursuant to Part 1.85.
Section 4. The City Clerk is hereby authorized and directed to file a certified
copy of this Resolution with the County Auditor-Controller.
Section 5. The officers and staff of the City are herby authorized and directed,
jointly and severally, to do any and all things which they may deem necessary or
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advisable to effectuate this Resolution, and any such actions previously taken by such
officers are hereby ratified and confirmed.
Section 6. The adoption of this Resolution is not intended and shall not
constitute a waiver by the City of any right the City may have to challenge the legality of
all or any portion of AB X1 26 or AB X1 27 through administrative or judicial
proceedings.
Section 7. At such time as the Agency becomes exempt from Parts 1.8 and
1.85, this Resolution shall be of no further force or effect.
Section 8. This Resolution has been reviewed with respect to applicability of
the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines
(California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the
"Guidelines"), and the City's environmental guidelines. The City Council has
determined that this Resolution is not a "project" for purposes of CEQA, as that term is
defined by Guidelines Section 15378, because this Resolution is an organizational or
administrative activity that will not result in a direct or indirect physical change in the
environment. (Guidelines Section 15378(b) (5)).
PASSED AND ADOPTED this 6th day September Se tember 2011 ip Mayor
Attest:
/
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby
certify that the above Resolution No. 2011-66 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof held on September 6,
2011.
•! -
City Clerk
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