HomeMy Public PortalAbout2012.010 (01-10-12)RESOLUTION NO. 2012.010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA DETERMINING THAT THE CITY OF LYNWOOD ELECTS TO AND
SHALL SERVE AS THE SUCCESSOR AGENCY TO THE DISSOLVED LYNWOOD
REDEVELOPMENT AGENCY PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34173
WHEREAS, the Lynwood Redevelopment Agency (Agency) is a public body,
corporate and politic, organized and existing under the California Community
Redevelopment Law (Health & Safety Code §§ 33000 et seq.); and
WHEREAS, the City of Lynwood is a municipal corporation and general law city
organized and existing under the Constitution of the State of California (City); and
WHEREAS, on December 29, 2011, the California Supreme Court issued its
opinion in the case California Redevelopment Association, et al. v. Ana Matosantos,
etc., et al., Case No. S196861, and upheld the validity of Assembly Bill 1x26 (AB1x26)
and invalidated Assembler Bill 1x27; and
WHEREAS, the Court's decision results in the implementation of AB1x26 which
dissolves all the redevelopment agencies in the State of California as of February 1,
2012; and
WHEREAS, pursuant to a provision of AB1x26, codified as Health and Safety
Code § 34173(d)(1), a city that authorized the creation of a redevelopment agency
automatically becomes the "Successor Agency" to its dissolved redevelopment agency
and is charged with the responsibility of winding up the affairs of the dissolved
redevelopment agency pursuant to AB1x26, unless the city council adopts a resolution
electing to not serve as the Successor Agency and thereafter files a copy of such
resolution with the county auditor - controller; and
WHEREAS, the California Supreme Court, in Footnote 25 of its opinion,
extended to January 13,2012 the deadline for a city to make its decision on whether to
decline to be the Successor Agency to its dissolved redevelopment agency; and
WHEREAS, the City Council of the City, having considered the matter, has
determined, in its legislative discretion, that it is in the best interests of the City for the
City to serve as the Successor Agency to the dissolved Agency; and
WHEREAS, although pursuant to Health & Safety Code § 34173(d)(1), the City
would automatically become the Successor Agency unless it affirmatively elects to not
serve as the Successor Agency by Resolution, the City nonetheless wishes to express
its intention and decision to serve as the Successor Agency to the dissolved Agency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Council finds and determines that the foregoing recitals are
true and correct and incorporated herein.
Section 2. The City Council of the City of Lynwood hereby affirmatively
determines that the City of Lynwood elects to, and shall, serve as the Successor
Agency to the dissolved Lynwood Redevelopment Agency.
Section 3. The City Manager and his authorized designees are hereby
authorized and directed to take such other and further actions and sign such other and
further documents as is necessary and proper to implement this Resolution and comply
with all provisions and objectives of AB1x26 on behalf of the City.
Section 4. The City Clerk shall file a certified copy of this Resolution with the
Los Angeles County Auditor - Controller not later than 5:00 p.m. on January 13, 2012.
PASSED, APPROVED and ADOPTED this 10 day of January, 2012.
Jim Morton, M yor
ATTEST:
r ,
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
1�kkm
Fred 6alante, City Attorney
APPROVED AS TO CONTENT:
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 special meeting held on the 10 th day of January, 2012.
AYES: COUNCIL MEMBERS CASTRO, RODRIGUEZ, SANTILLAWBEAS,
AND MORTON
NOES: NONE
ABSENT: COUNCIL MEMBER ALATORRE
ABSTAIN: NONE
Avb
Maria 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. 2012.010 on file in my office and that said Resolution was
adopted on the date and by the vote therein stated. Dated this 10 th day of January,
2012.
Maria Quinonez,