HomeMy WebLinkAboutCC Resolution 13279 (SA Retain Housing Assets of RA)RESOLUTION NO. 13279
RESOLUTION OF THE CITY OF SAN RAFAEL TO EXPRESS ITS INTENT TO SERVE AS
THE SUCCESSOR AGENCY OF THE SAN RAFAEL REDEVELOPMENT AGENCY,
PURSUANT TO HEALTH AND SAFETY CODE SECTION 341710) AND SECTION 34173,
AND TO ELECT TO RETAIN THE HOUSING ASSETS AND FUNCTIONS PREVIOUSLY
PERFORMED BY THE SAN RAFAEL REDEVELOPMENT AGENCY, PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34176
WHEREAS, Assembly Bill 1X 26 (the "Dissolution Act") and Assembly Bill 1X 27 (the
"Alternative Redevelopment Program Act") were enacted on June 28, 2011, to significantly
modify the Community Redevelopment Law (Health & Safety Code §33000, et seq.; the
"Redevelopment Law"); and
WHEREAS, on August 11, 2011, the California Supreme Court agreed to review the
California Redevelopment Association and League of California Cities' petition challenging the
constitutionality of the Redevelopment Restructuring Acts; and
.WHEREAS, on December 29, 2011, the California Supreme Court ruled that the
Dissolution Act is largely constitutional and the Alternative Redevelopment Program Act is
unconstitutional; and
WHEREAS, the Court's decision means that all California redevelopment agencies will
dissolve on February 1, 2012 pursuant to the Dissolution Act; and
WHEREAS, the Dissolution Act provides that the city that authorized the creation of the
redevelopment agency shall be the "successor agency" to the dissolved redevelopment agency
unless the city elects not to serve as the successor agency under Section 34173(d)(1) of the
Redevelopment Law; and
WHEREAS, Section 34176(a) of the Redevelopment Law provides that the city that
authorized the creation of a redevelopment agency may elect to retain the housing assets and
functions previously performed by the former redevelopment agency; and
WHEREAS, the City intends to, and shall serve as, the successor agency for the San Rafael
Redevelopment Agency (the "Agency") in accordance with Section 341710) and Section 34173 of
the Redevelopment Law; and
WHEREAS, the City desires to elect to retain the housing assets and functions pre, iously
performed by the Agency in accordance with Section 34176 of the Redevelopment Law.
NOW. THEREFORE, BE IT RESOLVED, that the City hereby accepts the designation.
and hereby declares its intent. to serve as the successor agency for the Agency in accordance with
Section 34171(j) and Section 34173 of the Redevelopment Law.
BE IT FURTHER RESOLVED, the City hereby elects to retain the housing assets and
functions previously performed by the Agency in accordance with Section 34176 of the
Redevelopment Law.
BE IT FURTHER RESOLVED, that the City Manager, or her designee, is hereby
directed to file a copy of this resolution with the County Auditor -Controller,
BE IT FURTHER RESOLVED, that the City Manager, or her designee, is hereby
authorized to take such additional actions, and to execute all documents necessary and
appropriate, for the City to transfer the assets of the Agency to the City, in its capacity as
successor agency to the Agency, pursuant to Sections 34175 and 34176 of the Redevelopment
Law.
I, ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting by the City
Council of the City of San Rafael on the 3rd day of January, 2012 by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Esther Beirne, City Clerk
January 6, 2012
dow
Roy Given
Director of Finance
CITY O
Auditor -Controller, County of Marin
3501 Civic Center Drive, Room 225
San Rafael, California 94903
MAYOR GARY O. PHILLIPS
COUNCILMEMBER DAMON CONNOLLY
COUNCILMEMBER BARBARA HELLEF
COUNCILMEMBER MARC LEVINE
'COUNCILMEMBER ANDREW CUYUGAN MCCULLOUGN
CITY MANAGER'S OFFICE
PHONE: 415-485-3070
FAX: 415-459-2242
Via Electronic Mail and U.S. Mail
Subject: Notification Regarding Successor Agency for the San Rafael Redevelopment Agency
Dear Mr. Given:
This letter serves as the formai notification that the City of San Rafael (the "City") has adopted
Resolution No. 13279 on January 3, 2012 (the "Resolution"), to accept the designation, and to
declare its intent, to serve as the "successor agency" for the San Rafael Redevelopment Agency (the
"Agency") in accordance with Health & Safety Code Section 341710) and Health & Safety Code
Section 34173. In addition, pursuant to the Resolution, the City has elected to retain the housing
assets and functions previously performed by the Agency in accordance with Health & Safety Code
Section 34176. A copy of the Resolution is attached to this letter.
Thank you for your attention to this matter. Should you have any questions, please contact
Stephanie Lovette at (415) 485-3460 or stephanie.lovette@citvofsanrafael.org.
Sincerely,
Nancy Tackle
City Manager
1400 FIrrH AVENI E. - PO Box 151560 • SAN RAFAEL, CA 9.1915-1560
W W W.CITYOFSANRAFAEL.ORG