HomeMy WebLinkAboutCC Res 6211 2012-01-09RESOLUTION NUMBER 6211
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL 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 Seal Beach Redevelopment Agency (the "Agency ") is a
redevelopment agency in the City of Seal Beach (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 ") has adopted a
redevelopment plan for a redevelopment project area, and from time to time, the
City Council has amended such redevelopment plan.
C. AB X1 26 and AB X1 27 were 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) ( "Part 1.85 ") to Division 24 of the California Health and
Safety Code.
D. The California Redevelopment Association and League of
California Cities 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 issued a stay order, which was subsequently modified on August 17, 2011.
Pursuant to the modified stay order, the Supreme Court granted a partial stay of
AB X1 26 and AB X1 27.
E. On December 29, 2011, the Supreme Court issued its opinion in
California Redevelopment Association, et al. v. Matosantos, et al. (Case No.
S194861) largely upholding AB X1 26, invalidating AB X1 27, and holding that
AB X1 26 may be severed from AB X1 27 and enforced independently.
F. Accordingly, the City Council desires to adopt this resolution
electing for the City to serve as the successor agency to the Agency under 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.
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 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 hereby ratified and confirmed.
Resolution Number 6211
Section 6: The adoption of this Resolution is not intended to 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 through administrative or judicial
proceedings.
Section 7: 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, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 9th day of January , 2012 by the following vote:
r
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6211 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 9th day of January , 2012.
Ci Clerk
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