HomeMy WebLinkAbout22540 - RESOLUTIONS - 7/1/2009 CITY COUNCIL RESOLUTION NO. 22540
COMMUNITY REDEVELOPMENT AGENCY RESOLUTION NO. 1390
A JOINT RESOLUTION OF THE CITY COUNCIL AND
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY
ATTORNEY/AGENCY LEGAL COUNSEL TO COOPERATE
WITH THE CALIFORNIA REDEVELOPMENT ASSOCIATION,
THE LEAGUE OF CALIFORNIA CITIES, AND OTHER CITIES
AND COUNTIES IN LITIGATION CHALLENGING THE
CONSTITUTIONALITY OF ANY SEIZURE BY STATE
GOVERNMENT OF REDEVELOPMENT FUNDS.
The City Council of the City of Palm Springs finds:
A. The current economic crisis has placed cities under incredible financial
pressure and caused them to make painful budget cuts, including layoffs and furloughs
of city workers, decreasing maintenance and operations of public facilities, and
reductions in direct services to keep spending in line with declining revenues.
B. Since the early 1990s the state government has seized $1.04 billion of
redevelopment tax increment statewide, and the Governor and Legislature are now
considering seizing $350 million each year for three years, beginning in fiscal year
2008-09; and
C. On April 30, 2009, in the case of CRA v. Genest, the Sacramento Superior
Court found similar efforts by the State to seize redevelopment tax increment for the
state general fund to be in direct violation of Article XVI, Section 16 of the State
Constitution, added by the voters in 1952 as Proposition 18, which requires that tax
increment be used exclusively for the benefit of redevelopment project areas.
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. The City Council and the Community Redevelopment Agency of the
City of Palm Springs hereby directs the City Attorney/Agency Legal Counsel to take all
necessary steps to cooperate with the California Redevelopment Association, the
League of California Cities, other cities, counties and redevelopment agencies in
supporting litigation against the state of California if the Legislature enacts and the
Governor signs into law legislation that unconstitutionally diverts redevelopment tax
increment.
SECTION 2. The City Manager/Redevelopment Agency Executive Director shall
send this resolution to the Governor and each of the City's state legislators, informing
them in the clearest of terms of the City's adamant resolve to oppose any effort to
frustrate the will of the electorate as expressed in Article XVI; Section 16 of the
City Council Resolution No. 22540
CRA Resolution No. 1390
Page 2
California Constitution concerning the proper use and allocation of redevelopment tax
increment; and
SECTION 3. A copy of this Resolution shall be sent by the City
Manager/Redevelopment Agency Executive Director to the California Redevelopment
Association, the League of California Cities, and other community groups whose
members are affected by this proposal to divert redevelopment funds from vital local
projects.
ADOPTED THIS 1ST DAY OF JULY, 2009.
David H. Ready
City Manager/Executive Director
ATTEST:
mes Thompson
City Clerk/Assistant Secretary
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk/Assistant Secretary of the City of Palm
Springs/Community Redevelopment Agency, hereby certify that Resolution No.
22540/1390 is a full, true and correct copy, and was duly adopted at an adjourned
regular meeting of the City Council/Community Redevelopment Agency of the City of
Palm Springs on July 1, 2009, by the following vote:
AYES: Council/Agency Member Foat, Council/Agency Member Hutcheson,
Council/Agency Member Weigel, and Mayor Pro Tem/Vice Chair Mills.
NOES: None.
ABSENT: Mayor/Chair Pougnet.
ABSTAIN: None.
?ity
Thompson �� �1Zerk/Assistant Secretary,/ _
City of Palm Springs, California