HomeMy Public PortalAbout2011.163 (07-05-11) RESOLUTION NO. 2011.163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA STATING THE CiTY'S INTENTION TO MAKE REMITTANCES
REQUIRED BY ABX1 27 IN ORDER TO AVOID DISSOLUTION OF THE LYNWOOD
REDEVELOPMENT AGENCY
WHEREAS, on March 20, 1973, the City Council of the City activated the
Lynwood Redevelopment Agency ("Agency") by adoption of Ordinance No. 932; and
WHEREAS, the Agency, through the exercise of its powers under the California
Community Redevelopment Law (Health & Safety Code §§ 33000 et seq.) ("CRL") has
made major contributions to the physical and economic development of the City and
has strengthened the City's ability to meet the needs of its citizens and contributed to
the quality of life throughout the City; and
WHEREAS, the California Legislature has adopted, and the Governor has
signed ABX1 26 (2011) and ABX1 27 (2011), legislation that would dissolve the Agency
effective as of October 1, 2011, unless the City agrees to make certain payments to the
State Department of Finance and the County Auditor-Controller; and
WHEREAS, now that the Governor has signed ABX1 26, redevelopment
agencies' powers purportedly are suspended and redevelopment agencies purportedly
are now prohibited from taking a number of actions, including making loans and
entering into or modifying contracts; and
WHEREAS, Section 34193, subdivision (a), of the California Health & Safety
Code, as added by ABX1 27, states that a city must adopt an ordinance on or before
November 1, 2011 declaring that the city will make the payments required by ABX1 27
to avoid the suspension of its redevelopment agency's powers and the dissolution of its
redevelopment agency; and
WHEREAS, Section 34193, subdivision (b), of the California Health & Safety
Code, as added by ABX1 27, permits a city that intends to adopt an ordinance declaring
it will make the required payments to adopt a non-binding resolution stating the city
intends to adopt such an ordinance; however, at this time, the exact amounts of such
required payments are unknown, but will be calculated by the State Department of
Finance prior to August 1, 2011; and
WHEREAS, the adoption of the non-binding resolution of intent described above
would allow the redevelopment agency to continue carrying out its business, despite the
enactment of ABX1 26.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LYNWOOD AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated herein by
this reference.
Section 2. Based on the foregoing recitations and all evidence presented to
and considered by the City Council, and in accordance with Health and Safety Code
Section 34193, subdivision (b), the City Council hereby declares by this non-binding
resolution that it intends to adopt an ordinance (the "Ordinance") on or before November
1, 2011 declaring it will make the payments required by ABX1 27.
Section 3. This non-binding resolution of intent in no way warrants or
guarantees any payment of money by the City to any other entity, and the City reserves
the right to withdraw from making the payments required by ABX1 27 should the
amount of such payments (as will be determined by the State Department of Finance
and subject to any right of appeal by the City) prove to be in excess of the City's
available funds not otherwise obligated for other uses.
Section 4. This non-binding resolution shall in no way be construed as
requiring the City to abide by ABX1 26 or ABX1 27 in the event either, or both, bills are
found unconstitutional or otherwise legally invalid in whole or in part, nor shall this
resolution effect or give rise to any waiver of rights or remedies that the City may have,
whether in law or in equity, to challenge ABX1 26 or ABX1 27. This resolution shall not
be construed as the City's willing acceptance of, or concurrence with, either ABX1 26 or
ABX1 27; nor does this resolution evidence any assertion or belief whatsoever on the
part of the City that said bills are constitutional or lawful; not is this resolution intended
to prevent the City from appealing the payment required by ABX1 27.
Section 5. The City Manager of the City is hereby authorized to take all action
necessary to effectuate this Resolution.
PASSED, APPROVED and ADOPTED this 5 day of July, 2011.
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Aide Castro, Mayor
ATTEST:
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aria Quinonez, Ci y Clerk Roger L. ey, Ci Manager
APPROVED AS TO FORM:
Fred Ga ante, City Attorney
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Resolution was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 5 day of July, 2011.
AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, MORTON AND CASTRO
NOES: NONE
ABSENT: COUNCIL MEMBER SANTILLAN
ABSTAIN: NONE
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aria Quinonez, ity Clerk �
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Resolution No. 2011.163 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 5 day of July, 2011.
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Maria Quinonez, City Clerk