HomeMy WebLinkAboutSA-RDA 002RESOLUTION NO. SA -RDA 002
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY CREATING A REDEVELOPMENT OBLIGATION
RETIREMENT FUND PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34170.5 AND TAKING CERTAIN ACTIONS IN
CONNECTION THEREWITH
RECITALS:
A. AB X1 26 and AB X1 27 were signed by the Governor of California on
June 29, 2011, making certain changes to the Community Redevelopment Law (Part 1
(commencing with Section 33000) of Division 24 of the California Health and Safety
Code) (the "Redevelopment Law"), including adding Part 1.8 (commencing with Section
34161)("Part 1.8") and Part 1.85 (commencing with Section 34170) ("Part 1.85").
B. The California Redevelopment Association and League of California Cities
filed a lawsuit in the Supreme Court of California (California Redevelopment
Association, et al. v. Matosantos, et al. (Case No. S194861)) alleging that AB X1 26 and
AB X1 27 are unconstitutional. On December 29, 2011, the Supreme Court issued its
opinion in the Matosantos case, largely upholding AB X1 26, invalidating AB X1 27, and
holding that AB X1 26 may be severed from AB X1 27 and enforced independently.
C. The Supreme Court generally revised the effective dates and deadlines for
performance of obligations in Part 1.85 arising before May 1, 2012, to take effect four
months later.
D. As a result of the Supreme Court's decision, the Palm Desert
Redevelopment Agency (the "Redevelopment Agency"), a redevelopment agency in the
City of Palm Desert (the "City'), created pursuant to the Redevelopment Law, was
dissolved pursuant to Part 1.85 on February 1, 2012.
E. By its Resolution No. 2011-76, adopted on August 25, 2011, the City
Council of the City made an election to serve as the successor agency for the
Redevelopment Agency under Part 1.85 (the "Successor Agency").
SA -RDA 001
F. By its Resolution No. , adopted on February 9' 2012, the City Council,
acting as the governing board for the Successor Agency, established rules and
regulations applicable to the governance and operation of the Successor Agency, and
pursuant to such resolution provided that the Successor Agency will be governed by a
Board of Directors (the "Board") consisting of the members of the City Council of the
City.
G. Health and Safety Code Section 34170.5 provides that each successor
agency shall create within its treasury a Redevelopment Obligation Retirement Fund to
be administered by the successor agency.
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RESOLUTION NO. SA -RDA 002
H. Accordingly, the Board desires to adopt this Resolution creating a
Redevelopment Obligation Retirement Fund within the treasury of the Successor
Agency.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 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 34170.5.
Section 3. The Executive Director and the Finance Officer are hereby
authorized and directed to create within the treasury of the Successor Agency a
Redevelopment Obligation Retirement Fund to be administered by the Successor
Agency.
Section 4. The Secretary is hereby authorized and directed to file a certified
copy of this Resolution with the County Auditor -Controller.
Section 5. The officers and staff of the Successor Agency are hereby
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.
PASSED, APROVED, AND ADOPTED this 9th day of February, 2012, by the
following vote, to wit:
AYES:
BENSON, FINERTY, HARNIK, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
Rachelle D. Klassen, Secretary
SUCCESOOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY
Robert A. Spiegel,
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