HomeMy WebLinkAboutSA Res SA12-01 2012-02-13RESOLUTION NUMBER SAl2 -01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE SEAL BEACH
REDEVELOPMENT AGENCY CREATING A REDEVELOPMENT
OBLIGATION RETIREMENT FUND PURSUANT TO HEALTH
AND SAFETY CODE SECTION 34170.5 AND TAKING CERTAIN
ACTIONS IN CONNECTION THEREWITH
RECITALS:
A. AB X1 26 and AB X1 27 were signed by the Governor of California
on June 29, 2011, making certain changes to the Community Redevelopment
Law (Part 1 (commencing with Section 33000) of Division 24 of the California
Health and Safety Code) (the "Redevelopment Law "), including adding Part 1.8
(commencing with Section 34161)( "Part 1.8 ") and Part 1.85 (commencing with
Section 34170) ( "Part 1.85 ").
B. The California Redevelopment Association and League of
California Cities filed a lawsuit in the Supreme Court of California (California
Redevelopment Association, et al. v. Matosantos, et al. (Case No. S194861))
alleging that AB X1 26 and AB X1 27 are unconstitutional. On December 29,
2011, the Supreme Court issued its opinion in the Matosantos case, 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.
C. The Supreme Court generally revised the effective dates and
deadlines for performance of obligations in Part 1.85 arising before May 1, 2012,
to take effect four months later.
D. As a result of the Supreme Court's decision, the Seal Beach
Redevelopment Agency ( "Redevelopment Agency "), a redevelopment agency in
the City of Seal Beach (the "City "), created pursuant to the Redevelopment Law,
was dissolved pursuant to Part 1.85 on February 1, 2012.
E. By its Resolution No. 6211, adopted on January 9, 2012, the City
Council of the City made an election to serve as the successor agency for the
Redevelopment Agency under Part 1.85 (the "Successor Agency ").
F. By its Resolution No. 6222, adopted on February 13, 2012, the City
Council, acting as the governing board for the Successor Agency, established
rules and regulations applicable to the governance and operation of the
Successor Agency, and pursuant to such resolution provided that the Successor
Agency will be governed by a Board of Directors (the "Board ") consisting of the
members of the City Council of the City.
G. Health and Safety Code Section 34170.5 provides that each
successor agency shall create within its treasury a Redevelopment Obligation
Retirement Fund to be administered by the successor agency.
H. Accordingly, the Board desires to adopt this Resolution creating a
Redevelopment Obligation Retirement Fund within the treasury of the Successor
Agency.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE SEAL BEACH REDEVELOPMENT AGENCY 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.
Resolution Number SA.- 'SA 12 -01
Section 2 This Resolution is adopted pursuant to Health and Safety
Code Section 34170.5.
Section 3 The Executive Director and the Finance Officer are hereby
authorized and directed to create within the treasury of the Successor Agency a
Redevelopment Obligation Retirement Fund to be administered by the Successor
Agency.
Section 4 The Secretary 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 Successor Agency 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.
PASSED, APPROVED and ADOPTED by the Successor Agency to the Seal
Beach Redevelopment Agency at a special meeting held on the 13th day
of February , 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
641 In i (/ytoti
.K4. tary/City Clerk
Board Members
Board Members
Board Members
Board Members
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, Secretary/City Clerk of the City of Seal Beach, do hereby certify
that the foregoing resolution is the original copy of Resolution Number SAl2 -01
on file in the office of the City Clerk, passed, approved, and adopted by the
Successor Agency to the Seal Beach Redevelopment Agency at a special
meeting held on the 13th day of February , 2012.
Se retary/City Clerk
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