HomeMy WebLinkAbout2012-019
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RESOLUTION NO. 2012-19
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO TAKING CERTAIN ACTIONS PURSUANT TO
HEALTH & SAFETY CODE SECTION 34176(b)(2) AGREEING TO HAVE
THE CITY OF SAN BERNARDINO SERVE AS THE SUCCESSOR
HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO FOR HOUSING PURPOSES
WHEREAS, the Mayor and Common Council of the City of San Bernardino (the "Council")
duly adopted an ordinance of the City of San Bernardino (the "City") to establish the
Redevelopment Agency of the City of San Bernardino (the "Agency") in accordance with the
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10 requirements of the California Community Redevelopment Law ("CRL"), and the Agency has
11 continued to function since such time in the management and undertaking of redevelopment efforts
12 and 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 of
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San Bernardino (the "Commission") for the purpose of combining the redevelopment functions and
17 the housing functions of the Agency under a single governing body; and
18 WHEREAS, the California Legislature adopted ABx1 26 and ABx1 27 on June 29, 2011,
19 which legislation became effective upon the signing thereof by the Governor on said date which
20 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 34170
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through and including Section 34191; and
WHEREAS, a legal challenge to ABx 1 26 and ABx 1 27 was filed directly with the
25 California Supreme Court in the action generally known as CRA v. Ana Matosantos, State Director
26 of Finance, and a final decision was rendered by the California Supreme Court on December 29,
27 2011 declaring ABx1 26 to be constitutional and ABxl 27 to be void as
28 unconstitutional; and
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2012-19
1 WHEREAS, prior to the release of the Supreme Court decision, the Agency through the
2 Commission was not able to enter into new agreements or to commit to actions in addition to those
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prior contracts, obligations and other debts previously incurred or approved and entered into by the
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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
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WHEREAS, ABxl 26 provides, as codified in Health & Safety Code Section 34176(b)(2)
8 and reformed by the California Supreme Court, that the city or county that adopted an ordinance to
9 establish a redevelopment agency may elect to retain the responsibility of performing housing
10 functions previously performed by the redevelopment agency the "successor housing agency" as
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provided in said Section 34176 upon dissolution of the redevelopment agency on February 1, 2012;
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and
WHEREAS, it is vital to the implementation of the provisions of ABx 1 26 that the Council
15 decide at this time whether to have the City of San Bernardino serve as the successor housing
16 agency to the Agency.
17 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
18 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
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20 Section 1. The Council hereby agrees to have the City of San Bernardino City serve as the
21 successor housing agency to the Agency pursuant to Health & Safety Code Section 34176. The
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Council further directs the filing of this Resolution by the City Clerk with the Auditor-Controller of
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the County San Bernardino forthwith.
Section 2. This Resolution shall take effect upon its adoption and execution in the manner
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2012-.19
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO TAKING CERTAIN ACTIONS PURSUANT
TO HEALTH & SAFETY CODE SECTION 34176(b)(2) AGREEING TO
HAVE THE CITY OF SAN BERNARDINO SERVE AS THE SUCCESSOR
HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO FOR HOUSING PURPOSES
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a i oint regular
meeting
7 thereof, held on the 23rd day of January ,2012, by the following vote, to wit:
8 Council Members: Ayes Nays Abstain Absent
9 MARQUEZ X
10 JENKINS X
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11 BRINKER X
12 SHORETT X
13 KELLEY X
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14 JOHNSON X
15 MC CAMMACK -L
Q~h.~
~l G. Clark, CIty Clerk
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The foregoing Resolution is hereby approved this CJ-4 day of
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January
,2012.
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Approved as to Form:
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RECORDING REQUESTED BY
CITY OF SAN BERNARDINO
AND WHEN RECORDED MAIl DOCUMENT AND
TAX STATEMENT TO:
DENNIS DRAEGER
ASSESSOR - RECORDER - CLERK
2/14/2012
2:11 PM
BGJ
Recorded In Oflicial Records, County 01 San Bernardino
R Regular Mail
ary. STATE"
_ CODE
300 N. "D" STREET
SAN BERNARDINO, CA 92418
Doe#: 2012- 0059598
111111111111111
Titles: 1
Fees
Taxes
Other
PAID
Pages: 5
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CITY OF SAN BERNARDINO
CITY CLERK
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0.00
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$0.00
STREET
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FEE EXEMPT PURSUANT TO
GOV. CODE SECTION 27383
SPACE ABOVE FOR RECORDER'S USE ONLY
RESOLUTION NO. 2012-19
Title of Document
R
R
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THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)