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HomeMy WebLinkAboutCC RES 2011-76RESOLUTION NO. 2011-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT MAKING AN ELECTION IN CONNECTION WITH SERVING AS A SUCCESSOR AGENCY UNDER PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RECITALS: A. The Palm Desert Redevelopment Agency (the "Agency") is a redevelopment agency in the City of Palm Desert (the "City"), created pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) (the "Redevelopment Law"). B. The City Council of the City (the "City Council") adopted Ordinance No. 80, approving and adopting the redevelopment plan for Project Area No. 1, and from time to time, the City Council has amended such redevelopment plan. C. The City Council of the City (the "City Council") adopted Ordinance No. 509, approving and adopting the redevelopment plan for Project Area No. 2, and from time to time, the City Council has amended such redevelopment plan. D. The City Council of the City (the "City Council") adopted Ordinance No. 652, approving and adopting the redevelopment plan for Project Area No. 3, and from time to time, the City Council has amended such redevelopment plan. E. The City Council of the City (the "City Council") adopted Ordinance No. 724, approving and adopting the redevelopment plan for Project Area No. 4, and from time to time, the City Council has amended such redevelopment plan. F. The Agency is undertaking a program to redevelop the Project Areas. G. AB X1 26 was signed by the Governor of California on June, 29, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division 24 of the California Health and Safety Code. Commencing upon the effectiveness of AB X1 26, AB X1 26 suspends most redevelopment agency activities and, among other things, prohibits redevelopment agencies from incurring indebtedness or entering into or modifying contracts. H. Effective October 1, 2011, AB X1 26 dissolves all existing redevelopment agencies and redevelopment agency components of community development agencies, provides for the designation of successor agencies as successor entities to former redevelopment agencies, and provides that except for those provisions of the g1000-0163\1381541v!.doc C;.\rda\Veronica Tapia\Word Files\Staff Reports\City Council resolution regarding successor entity.docx RESOLUTION NO. 2011-76 Redevelopment Law that are repealed, restricted, or revised pursuant to AB X1 26, all authority, rights, powers, duties and obligations previously vested with the former redevelopment agencies under the Redevelopment Law, are vested in the successor agencies. AB X1 26 imposes numerous requirements on the successor agencies and subjects successor agency actions to the review of oversight boards established pursuant to the provisions of Part 1.85. I. Pursuant to Health and Safety Code Section 34173 a city that authorized the creation of a redevelopment agency may elect to serve, or not to serve, as the successor agency under Part 1.85. J. AB X1 27 was signed by the Governor of California on June 29, 2011, adding Part 1.9 (commencing with Section 34192) to Division 24 of the California Health and Safety Code. Part 1.9 establishes an Alternative Voluntary Redevelopment Program whereby, notwithstanding the provisions of Part 1.8 and Part 1.85, a redevelopment agency will be authorized to continue to exist and carry out the provisions of the Redevelopment Law upon the enactment, prior to the applicable deadline established in Part 1.9 (with the earliest deadline being October 1, 2011), by the city council of the city which includes that redevelopment agency of an ordinance to comply with Part 1.9. Pursuant to Health and Safety Code Section 34192, if a city participates in the Alternative Voluntary Program and complies with all requirements and obligations contained in Part 1.9, the redevelopment agency in that city will be exempt from Part 1.8 and Part 1.85. K. As of the date of adoption of this Resolution, the City Council has not completed the process for adopting an ordinance to participate in the Alternative Voluntary Redevelopment Program. Therefore, the City Council desires to adopt this Resolution making an election in connection with serving as a successor agency under Part 1.85 in the event the Agency is dissolved pursuant to Part 1.85. NOW, THEREFORE, THE CITY COUNCIL HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34173. Section 3. The City Council hereby elects to serve as a successor agency under Part 1.85 in the event the Agency is dissolved pursuant to Part 1.85. Section 4. The City Clerk is hereby authorized and directed to file a certified copy of this Resolution with the County Auditor -Controller no later than September 1, 2011. -2- 81000-0163\1381541v1.doc G \rda\Veronica Tapia\Word Fifes\Staff Reports\City Council resolution regarding successor entity.docx RESOLUTION NO. 2011-76 Section 5. The officers and staff of the City are herby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 6. The adoption of this Resolution is not intended and shall not constitute a waiver by the City of any right the City may have to challenge the legality of all or any portion of AB X1 26 or AB X1 27 through administrative or judicial proceedings. Section 7. At such time as the Agency becomes exempt from Parts 1.8 and 1.85, this Resolution shall be of no further force or effect. Section 8. This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines. The City Council has determined that this Resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines Section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment. (Guidelines Section 15378(b) (5)). PASSED, APPROVED, and ADOPTED this 25th day of August 2011 by the following vote, to wit: AYES: FINERTY, HARNIK, KROONEN, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: Rac elle D. Klassen ity r)ean M. Benson, Mayor -3- 81000-0163\ 138154 I v I .due (i:\rda\Vcrunica'I apia\Word Files Council resolution icgarding successor cntity.docx