HomeMy WebLinkAbout2012-012
RESOLUTION NO. 2012-12
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO TAKING CERTAIN ACTIONS PURSUANT TO HEALTH &
SAFETY CODE SECTION 34173 AGREEING TO SERVE AS THE SUCCESSOR
AGENCY AND THE SUCCESSOR ENTITY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
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WHEREAS, the Mayor and Common Council of the City of San Bernardino (the
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"Council") duly adopted an ordinance of the City of San Bernardino (the "City") to establish the
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Redevelopment Agency of the City of San Bernardino (the "Agency") in accordance with the
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requirements of the Community Redevelopment Law ("CRL"), and the Agency has continued to
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function since such time in the management and undertaking of redevelopment efforts and
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activities within Council-adopted Redevelopment Project Areas within the City; and
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WHEREAS, the Agency has existed since its establishment under the governance of the
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governing body known and identified as the Community Development Commission of the City
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of San Bernardino (the "Commission") for the purpose of combining the redevelopment
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functions and the housing functions of the Agency under a single governing body; and
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WHEREAS, the California Legislature adopted ABx1 26 and ABx1 27 on June 29, 2011,
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which legislation became effective upon the signing thereof by the Governor on said date which
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items of legislation identified as ABx1 26 added certain provisions to the Health & Safety Code
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identified at Part 1.85 of Division 24 of the Health & Safety Code commencing with Section
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34170 through and including Section 34191; and
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WHEREAS, a legal challenge to ABx1 26 and ABx1 27 was filed directly with the
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California Supreme Court in the action generally known as CRA v. Ana Matosantos, State
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Director of Finance, and a final decision was rendered by the California Supreme Court on
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December 29,2011, declaring ABx1 26 to be constitutional and ABx1 27 to be void as
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2012-12
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IS
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unconstitutional; and
WHEREAS, prior to the release of the Supreme Court decision the Agency through the
Commission was not able to enter into new agreements or to commit to actions in addition to
those prior contracts, obligations and other debts previously incurred or approved and entered
into by the Agency prior to the date that the California Supreme Court had issued a stay as to
certain implementation aspects of both ABxl 26 and ABxl 27; and
WHEREAS, ABx 1 26 provides, as codified in Health & Safety Code Section 34173 and
reformed by the California Supreme Court, that the city or county that adopted an ordinance to
establish a redevelopment agency is determined to be the "successor agency" as provided in said
Section 34173 upon dissolution of the redevelopment agency on February 1,2012; and
WHEREAS, the recent California Supreme Court decision provides in footnote 25 that
the time for a city or county to elect not to serve as the successor agency shall have an extended
time after the issuance of the California Supreme Court decision and until January 13, 2012, to
elect not to serve as the successor agency; and
WHEREAS, it is critical to the implementation of the provisions of ABx1 26 that the
Council decide at this time whether to serve as the successor agency and the successor entity to
the Agency.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
FOLLOWS:
Section 1. The Council hereby agrees to have the City of San Bernardino serve as the successor
agency to the Agency pursuant to Health & Safety Code Section 34173( d)(1). The Council
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further directs the filing of this Resolution by the City Clerk with the Auditor-Controller of the
County of San Bernardino forthwith.
Section 3. This Resolution shall take effect upon its adoption and execution in the manner as
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2012-12
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO TAKING CERTAIN ACTIONS PURSUANT TO HEALTH & SAFETY
CODE SECTIONS 34173 AGREEING TO SERVE AS THE SUCCESSOR AGENCY
AND THE SUCCESSOR ENTITY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a j oint regular
meeting thereof,
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8 held on the 9th day of January ,2012, by the following vote, to wit:
9 Council Members: Ayes Nays Abstain Absent
10 MARQUEZ X
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11 X
JENKINS
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BRINKER X
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SHORETT X
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15 KELLEY X
16 JOHNSON X
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MC CAMMACK -L
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The foregoing Resolution is hereby approved this I I ~y of January ,2012.
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Approved as to Form:
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