HomeMy Public PortalAbout05 Redevelopment Successor Agency TOWN OF TRUCKEE
California
RESOLUTION 2012 -05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE CALIFORNIA,
ELECTING TO BECOME THE SUCCESSOR AGENCY TO THE TOWN OF TRUCKEE
REDEVELOPMENT AGENCY PURSUANT TO PART 1.85 OF DIVISION 24 OF THE
CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, the Town Council of the Town of Truckee ( "Town ") approved and adopted the
Redevelopment Plan for the Truckee Redevelopment Project Area ( "Redevelopment Plan "),
covering certain properties within the Town (the "Project Area "); and
WHEREAS, the Town of Truckee Redevelopment Agency ( "Agency ") has been engaged in
activities to execute and implement the Redevelopment Plan pursuant to the provisions of the
California Community Redevelopment Law (Health and Safety Code § 33000, et seq.) ( "CRL "); and
WHEREAS, since adoption of the Redevelopment Plan, the Agency has undertaken
redevelopment projects in the Project Area to eliminate blight, to improve public facilities and
infrastructure, to renovate and construct affordable housing, and to enter into partnerships with
private industries to create jobs and expand the local economy; and
WHEREAS, as part of the 2011 -12 State budget bill, the California Legislature enacted, and
the Governor signed , companion bills AB 1X 26 and AB 1X 27, requiring that each redevelopment
agency be dissolved unless the community that created it enacts an ordinance committing it to
making certain payments; 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. S 194861), 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, on August 11, 2011, and modified on August 17, 2011, the Supreme Court
stayed portions of AB 1X 26, and AB 1X 27 in its entirety during the pendency of the matter; and
WHEREAS, on December 29, 2011, the Supreme Court issued its final decision in the
aforesaid litigation, upholding AB 1X 26, invalidating AB 1X 27, and extending all statutory deadlines
under AB 1X 26, essentially dissolving all redevelopment agencies throughout the State effective
February 1, 2012; and
WHEREAS, AB 1X 26 further provides that, upon their dissolution, any property taxes that
would have been allocated to redevelopment agencies will no longer be deemed tax increment, and
will be allocated first to successor agencies to make payments on the existing indebtedness of the
dissolved redevelopment agencies, with remaining balances allocated in accordance with applicable
constitutional and statutory provisions; and
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WHEREAS, AB 1X 26 provides that successor agencies be designated as successor entities
to the former redevelopment agencies, and provides that, with certain exceptions, all authority,
rights, powers, duties and obligations previously vested with the former redevelopment agencies,
under the CRL, are vested in the successor agencies; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
THE TOWN COUNCIL OF THE TOWN OF TRUCKEE, CALIFORNIA, DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and incorporated
herein by reference.
Section 2. Election to be Successor Agency. In accordance with Health and Safety
Code Section 34173, and based on the Recitals set forth above, the Town Council hereby elects
and determines that the Town of Truckee shall become the "successor agency" to the former Town
of Truckee Redevelopment Agency. Upon dissolution of the Agency pursuant to Part 1.85 of
Division 24 of the California Health and Safety Code, and except as provided under the CRL, all
authority, rights, powers, duties and obligations previously vested with the former Agency, under the
CRL, shall be vested in the Town as the successor agency to the Agency.
Section 3. Implementation. The Town Council hereby authorizes and directs the Town
Manager to take any action and execute any documents necessary to carry out the purposes of this
Resolution, including but not limited to notifying the Nevada CountyAuditor- Controller, the Controller
of the State of California, and the California Department of Finance providing notice of the adoption
of this Resolution and the Town's election to be the successor agency to the Agency, in accordance
with AB 1X 26.
Section 4. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution which can be given effect without the invalid provision or application,
and to this end the provisions of this Resolution are severable. The Town Council hereby declares
that it would have adopted this Resolution irrespective of the invalidity of any particular portion
thereof.
Section 5. Certification. The Town Clerk shall certify to the adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its adoption.
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The foregoing Resolution was introduced by Council Member Brown, seconded by
Council Member Wallace Dee, at a Regular Meeting of the Truckee Town Council, held on the
1 9 th day of January, 2012 and adopted by the following vote:
AYES: Council Members; Brown, Wallace Dee, Vice Mayor Green, and Mayor deRyk
Jones.
NOES: None.
ABSENT: Council Member Anderson.
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Joa • eRyk Jones, : yor
ATTEST:
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Judd rice, C, Town Clerk
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