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HomeMy WebLinkAbout23071 RESOLUTION NO. 23071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ELECTING TO HAVE THE CITY OF PALM SPRINGS SERVE AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO CAL. HEALTH AND SAFETY CODE SECTION 34173 AND ELECTING TO RETAIN THE HOUSING ASSETS AND HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY PURSUANT TO CAL. HEALTH AND SAFETY CODE SECTION 34176. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS: A. The Palm Springs Community Redevelopment Agency ("Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Cal. Heath & Safety Code §33000 et seq.) B. The City of Palm Springs is a municipal corporation and charter city under the Constitution of the State of California. C. On December 29, 2011, in California Redevelopment Association v. Matosantos, Cal. Supreme Court Case No. S194861, the California Supreme Court upheld AB 1X26, which dissolves all redevelopment agencies in the State of California, and struck down AB 1X27, which allowed redevelopment agencies to remain in existence if such agency opted in to the "Voluntary Alternative Redevelopment Program" ("VARP"). D. The City of Palm Springs opted into the VARP by adopting Ordinance No. 1798, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS" introduced at the regular meeting of the City Council on September 21, 2011, and adopted at the regular meeting of the City Council on October 5, 2011. E. Due to the fact that the Agency was to remain in existence, the City was not required to decide whether it wished to be the Successor Agency to the Agency. F. Now that the VARP program has been stricken by the Court, the City has the option of deciding whether or not it wishes to serve as the Successor Agency to the Agency. Resolution No. 23071 Page 2 G. In Footnote No. 25 of the Cal. Supreme Court's decision, the Court extended the deadline for making the election to January 13, 2012. H. The City Council of the City of Palm Springs has determined that it is in the best interest of the City of Palm Springs to serve as the Successor Agency to the Agency under the express terms and conditions of California Health & Safety Code §34173. I. Pursuant to California Health & Safety Code §34173, the City would automatically became the Successor Agency unless it affirmatively elected not to serve as the Successor Agency by Resolution, but the City wishes to express its intention to serve as the Successor Agency to the Palm Springs Community Redevelopment Agency. J. Pursuant to California Health & Safety Code §34176, the City could opt to retain the housing assets and functions previously performed by the Palm Springs Community Redevelopment Agency. K. The City Council of the City of Palm Springs wishes to express its intention to retain the responsibility of performing housing functions previously performed by the Palm Springs Community Redevelopment Agency. L. Pursuant to California Health & Safety Code §34173(e) the liability of any successor agency shall be limited to the extent of the total sum of property tax revenues the successor agency receives pursuant to AB 1X26 and the assets transferred to it as a successor agency for a dissolved redevelopment agency. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY DETERMINES, RESOLVES AND APPROVES: SECTION 1. The above findings are true and correct and are adopted findings of the City Council of the City of Palm Springs. SECTION 2. The City Council hereby affirmatively elects pursuant to California Health and Safety Code §34173 to serve as the Successor Agency to the Palm Springs Community Redevelopment Agency and assume all authority, rights, powers, duties, and obligations previously vested in the Palm Springs Community Redevelopment Agency. SECTION 3. The City Council hereby elects to retain the responsibility for performing housing functions previously performed by the Palm Springs Community Redevelopment Agency and assume all rights, powers, assets, liabilities, duties, and obligations associated with the housing activities of in accordance with Cal. Health and Safety Code §34176. SECTION 4. In retaining the responsibilities of the Palm Springs Community Redevelopment Agency as provided in California Health and Safety Code §§ 34173 and Resolution No. 23071 Page 3 34176, the City Council expressly determines, recognizes, reaffirms, and ratifies the statutory limitation on the City and the City Council's liability in retaining the responsibilities of the Palm Springs Community Redevelopment Agency under AB 1X26. Nothing in this Resolution shall be construed as a commitment, obligation, or debt of the City or any resources, funds, or assets of the City to fund the City's service as the successor agency to the Palm Springs Community Redevelopment Agency as provided in this Resolution. SECTION 5. The City Manager is hereby authorized and directed to take such other and further actions, and sign such other and future documents, as is necessary and proper to implement this Resolution on behalf of the City. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 4T" DAY OF JANUARY, 2012. DAVID H. READY, C R ATTEST: AMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23071 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 4ch day of January, 2012, by the following vote: AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. MES THOMPSON' CITY CLERK City of Palm Springs, California of/691ZOIZ