2012/01/10 City Council Resolution 2012-10RESOLUTION NO. 2012-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK (1) DETERMINING IT WILL SERVE AS THE SUCCESSOR AGENCY
TO THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
ROHNERT PARK ( "COMMISSION "); AND (2) ELECTING TO RETAIN THE
HOUSING ASSETS AND FUNCTIONS PREVIOUSLY HELD AND
PERFORMED BY THE COMMISSION
WHEREAS, the Commission is organized and existing under the California Community
Redevelopment Law (Health & Safety Code § 33000 et seq.) ( "CRL ") and has been authorized
to transact business and exercise the powers of a redevelopment agency pursuant to action of the
City Council of the City of Rohnert Park ( "City "); and
WHEREAS, pursuant to the CRL, the City Council adopted a Redevelopment Plan
( "Redevelopment Plan ") for the Rohnert Park Redevelopment Project Area, and the
Commission is vested with the responsibility for implementing and carrying out the
Redevelopment Plan; and
WHEREAS, in connection with approval and adoption of the State Budget for Fiscal
Year 2011 -12, the California Legislature approved and the Governor signed (i) AB 1X 26 (Stats.
2011, chap. 5, "AB 1X 26 "), which immediately, and purportedly retroactively, suspended all
otherwise legal redevelopment activities and incurrence of indebtedness, and provided for
dissolution of California's redevelopment agencies effective October 1, 2011 (the "Dissolution
Act "); and (ii) AB 1X 27 (Stats. 2011, chap. 6, "AB 1X 27 "), which allowed a local community
to avoid the consequences of the Dissolution Act and continue its redevelopment agency if the
community enacted an ordinance agreeing to comply with the alternative voluntary
redevelopment program described in Section 2 of AB 1X 27 adding Part 1.9 (commencing with.
section 34192) of Division 24 of the Health and Safety Code; and
. WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the State
of California on July 18, 2011 (California Redevelopment Association, et al. v. Ana Matosantos,
et al., Case No. 5194861), challenging the constitutionality of AB 1X 26 and AB 1X 27 on
behalf of cities, counties and redevelopment agencies and requesting a stay of enforcement; and
WHEREAS, in a decision filed on December 29, 2011, the Supreme Court found the
dissolution of redevelopment agencies effected by AB 1X 26 to be a proper exercise of the
legislative power vested in the Legislature by the State Constitution and the provisions of AB 1 X
27 allowing communities to save their redevelopment agencies if they made the "voluntary"
remittance payments under AB IX 27 to violate Proposition 22, thus upholding the
constitutionality of AB 1X 26 and holding AB 1 X 27 unconstitutional; and
WHEREAS, the Supreme Court extended the timeframes set forth in AB IX 26 for,
among other things, determining whether a city desires to serve as a successor entity until
January 13, 2012, and the dissolution of redevelopment agencies until February 1, 2012; and
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WHEREAS, Health and Safety Code Section 341710) defines the "successor agency" as
the "county, city, or city and county that authorized the creation of each redevelopment agency,"
unless such entity elects not to serve as a successor agency under Section 34173(d) ( "Successor
Agency "); and
WHEREAS, Health and Safety Code Section 34177 tasks each successor agency with the
responsibility, among other things, for winding down the dissolved redevelopment agency's
affairs, continuing to meet the former redevelopment agency's enforceable obligations,
overseeing completion of redevelopment projects and disposing of the assets and properties of
the former redevelopment agency, all as directed by an oversight board; and
WHEREAS, if a city opts out of serving as the successor agency by passing and filing a
resolution to that effect with the county auditor - controller, Health and Safety Code Section
34173(d) provides that another local agency may elect to serve as the successor agency, or in the
event no other local agency so elects, the Governor will appoint a successor agency to be
comprised of three residents of the county; and
WHEREAS, the City desires to serve as the successor agency to the Commission; and
WHEREAS, Health and Safety Code Section 34176(a) gives the city that authorized
creation of a redevelopment agency the option of retaining the redevelopment agency's housing
assets and functions, excluding amounts on deposit in the Low and Moderate Income Housing
Fund; and
WHEREAS, as allowed under AB 1X 26, the City desires to retain the Commission's
housing assets and functions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. In accordance with Health and Safety Code Section 341710), the City
Council hereby determines that the City shall serve as the Successor Agency to. the Commission.
Section 2. In accordance with Health and Safety Code Section ' 34176, the City
Council elects that the City shall retain the housing assets and functions previously performed by
the Commission.
Section 3. The City Council hereby further authorizes and directs the City Manager
to take all actions and execute all documents as necessary or appropriate to implement this
Resolution.
Section 4. This resolution shall take effect immediately upon adoption.
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APPROVED AND ADOPTED this 10t` day of January, 2012, by the following vote:
AYES: Five (5) Council Members Ahanotu, Belforte, Callinan, Stafford
and Mayor Mackenzie
NOES: None (0)
ABSENT: None. (0)
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ATT ST:
City Clerk,,,
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