HomeMy WebLinkAbout7089_CCv0001.pdf RESOLUTION NO. 7089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
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
WHEREAS, the Redevelopment Agency of the City of Redlands (the "Agency") is a
redevelopment agency in the City of Redlands (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"); and
WHEREAS, the City Council of the City (the "City Council") adopted Ordinance Nos.
1500, 1575 and 2703 approving and adopting the redevelopment plans for the Redlands Project
Area and the North Redlands Revitalization Project (the "Project Areas"), and from time to time,
the City Council has amended such redevelopment plans; and
WHEREAS, the Agency has undertaken a program to redevelop the Project Areas; and
WHEREAS, 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; and
WHEREAS, commencing upon the effectiveness of AB X1 26, AB XI 26 suspends most
redevelopment agency activities and, among other things, prohibits redevelopment agencies from
incurring indebtedness or entering into, or modifying, contracts; and
WHEREAS, 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and provides that except for those provisions of the Redevelopment Law that are repealed,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; and
WHEREAS, 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; and
WHEREAS, 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; and
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WHEREAS, AB XI 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 which establishes an Alternative Voluntary Redevelopment 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 the redevelopment agency
of an ordinance to comply with Part 1.9; and
WHEREAS, 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; and
WHEREAS, the California Redevelopment Association and League of California Cities
have filed a lawsuit in the Supreme Court of California alleging that AB XI 26 and AB XI 27
are unconstitutional; and
WHEREAS, 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, and on August 11, 2011, the Supreme Court also issued a stay order, which
was subsequently modified on August 17, 2011; and
WHEREAS, pursuant to the modified stay order, the Supreme Court granted a stay of all
of AB XI 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 XI
26; and
WHEREAS, with respect to AB XI 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; and
WHEREAS, 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, BE IT RESOLVED by the City Council of the City of Redlands 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
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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 San Bernardino County Auditor-Controller.
Section 5. The officers and staff of the City are hereby authorized and directed,
jointly and severally, to do any and all things which they may deem necessary or advisable to
effectuate this Resolution, and any such actions previously taken by such officers are herby
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 the term is defined by Guidelines Section 15378, because this
Resolution is an administrative activity that will not result in a direct or indirect physical change
in the environment (Guidelines Section 15378(b)(5)).
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ADOPTED, SIGNED AND APPROVED this Is'day of November, 2011.
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Peter Aguilar, Mayor
ATTEST:
Sam Irwin, Cit Clerk
I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly
adopted by the City Council at a regular meeting thereof, held on the I" day of November, 2011, by the
following vote:
AYES: Councilmembers Foster, Harrison,Bean, Gardner,Mayor Aguilar
NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin,City Clerk
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