HomeMy Public PortalAbout10. Resolution 2012-006A RESOLUTION TO EXPRESS THE CITY OF LIVERMORES INTENT TO SERVE AS
THE SUCCESSOR AGENCY FOR ITS REDEVELOPMENT AGENCY PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34173 AND TO ELECT TO RETAIN THE
HOUSING ASSETS AND FUNCTIONS PREVIOUSLY PERFORMED BY THE
REDEVELOPMENT AGENCY PURSUANT TO HEALTH AND SAFETY
CODE SECTION 34176
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 section
33000 et seq the Redevelopment Law
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
On December 29 2011 the California Supreme Court ruled that the Dissolution
Act is largely constitutional and the Alternative Redevelopment Program Act is
unconstitutional
The Courts decision means that all California redevelopment agencies will
dissolve on February 1 2012 pursuant to the Dissolution Act
The Dissolution Act provides that the community that authorized the creation of the
redevelopment agency shall be the successor agency to the dissolved redevelopment
agency unless the community elects not to serve as the successor agency under section
34173d1 of the Redevelopment Law
Section 34176a of the Redevelopment Law provides that the community that
authorized the creation of a redevelopment agency may elect to retain the housing assets
and functions previously performed by the former redevelopment agency
The City of Livermore the City intends to and shall serve as the successor
agency for the Redevelopment Agency of the City of Livermore the Agency in
accordance with sections 341710 and 34173 of the Redevelopment Law
The City desires to elect to retain the housing assets and functions previously
performed by the Agency in accordance with section 34176 of the Redevelopment Law
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Livermore hereby accepts the designation and hereby declares its intent to serve as the
successor agency for the Agency in accordance with sections 341710 and 34173 of the
Redevelopment Law
RESOLUTION NO 2012006
BE IT FURTHER RESOLVED that 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 the City Managers
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 the City Managers
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
On the motion of Vice Mayor Horner seconded by Councilmember
Turner the foregoing resolution was passed and adopted on the 9th day of January
2012 by the following vote
AYES Councilmembers Gary Turner Woerner Vice Mayor Horner Mayor Marchand
NOES None
ABSENT None
ABSTAIN None
ATTEST DATE APPROVED AS TO FORM
CITY CLERK SPECIAL COUNSEL
SUSAN NEER AMARA MORRISON
DATE January 10 2012
2 RESOLUTION NO 2012006