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HomeMy WebLinkAboutResolution 2012-04 and 593 AB936 Forgiveness of Loans, Advances, or Other Indebtedness - Joint ConsiderationCITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY JOINT CONSIDERATION STAFF REPORT REQUEST: APPROVE CITY RESOLUTION.... -.AND AGENCY RESOLUTION 593 RELATED TO FORGIVENESS OF LOANS, ADVANCES, OR OTHER INDEBTEDNESS PURSUANT TO AB 936 SUBMITTED BY: Janet M. Moore, Director of Housing DATE: January 26, 2012 CONTENTS: City Resolution No. 2012- 04 Agency Resolution No. 593 Recommendation By Minute Motion, that the City Council and Agency Board: 1. Waive further reading and adopt City Resolution No. 2012-04, a resolution of the City of Palm Desert pursuant to Assembly Bill 936 concerning forgiveness of loans, advances, or other indebtedness and taking certain other actions in connection therewith; and 2. Waive further reading and adopt Agency Resolution No. 593 , a resolution of the Palm Desert Redevelopment Agency pursuant to Assembly Bill 936 concerning forgiveness of loans, advances., or other indebtedness and taking certain other actions in connection therewith. Executive Summary Assembly Bill 936 ("AB 936"), provides that by February 1, 2012, a redevelopment agency or a public body must adopt a resolution stating whether or not during the period of time from January 1, 2010, through December 31, 2011, the redevelopment agency or public body has forgiven, wholly or partially, the repayment of any loans, advances or indebtedness owed to or by the redevelopment agency. The Palm Desert Redevelopment Agency (the "Agency") has not wholly or partially forgiven the repayment of any loans, advances, or indebtedness owed to the Agency by any public body nor has a public body forgiven completely or any part of the repayment of any loans, advances, or indebtedness owed by the Agency to such public body during the noted period of time. Staff Report Adopt Resolution No. 593 and the City Adopt Resolution No. 2012 -04 January 26, 2012 Page 2 of 2 Discussion Assembly Bill 936 ("AB 936"), provides that by February 1, 2012, a redevelopment agency or a public body must adopt a resolution stating whether or not during the period of time from January 1, 2010, through December 31, 2011, the redevelopment agency or public body has forgiven, wholly or partially, the repayment of any loans, advances or indebtedness owed to or by the redevelopment agency. In the event that such repayment has been forgiven, then the resolution must state the name of the public body to which the agency owes the debt or from which the agency was due the debt, the amount forgiven, the terms of the indebtedness, and the fiscal effect of the forgiveness on the redevelopment agency and the public body. A copy of the resolution must be sent to the City Council and the State Controller no less than ten days after adoption. The Palm Desert Redevelopment Agency (the "Agency") has not wholly or partially forgiven the repayment of any loans, advances, or indebtedness owed to the Agency by any public body nor has a public body forgiven completely or any part of the repayment of any loans, advances, or indebtedness owed by the Agency to such public body during the noted period of time. Staff recommends that by February 1, 2012, the City Council adopt Resolution2012 and the Agency Board adopt Res. 593 pursuant to AB 936 to declare that no such forgiveness has occurred. Fiscal Impact ON - U - ��L J%___ There is no fiscal impact to the City and/or Agency. VERIFIED BY L c Submitted By: Approval: Original on file with City 0118rk` -.. oflice J ne M. Moore, Director of Housing aul S. Gibson, Director of Finance CITY COUNCIL kCTION APPROVED DENIED _..,. 4fCEIyED OTHER MEETI c AYES444 , NOES: 4),Okcz�:D ABSENT:. n M. Wohlmuth, City Manager/Executive DirRgli N: VERIFIED BY:L Original on File with G:vda\Patty LeowJMNCstaffrepoivAB 936 1-26-201 Ldoc rk's Office RESOLUTION NO. 2012- 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT PURSUANT TO ASSEMBLY BILL 936 CONCERNING FORGIVENESS OF LOANS, ADVANCES, OR OTHER INDEBTEDNESS THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: A. Assembly Bill 936, effective January 1, 2012, provides that by no later than February 1, 2012, a public body must adopt a resolution stating whether or not during the period of time from January 1, 2010, through December 31, 2011, the public body has forgiven the repayment, wholly or partially, of any loans, advances or indebtedness owed to the public body by a redevelopment agency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT, CALIFORNIA AS FOLLOWS: Section 1. The City has not wholly or partially forgiven the repayment of any loans, advances or indebtedness owed to the City by a redevelopment agency during the period of time from January 1, 2010, through December 31, 2011. Section 2. The City Council hereby authorizes and directs the City Manager to transmit a copy of this Resolution to the California State Controller within 10 days of the adoption of this Resolution. Section 3. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 26T" day of January, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT ROBERT A. SPIEGEL, MAYOR -1- 81000-0163\1418579V 1.doc Wrda\Patty Leon\jmm staff report\RESOLUTIONS\City Council Resolution re AB 936.doc RESOLUTION NO. 593 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY PURSUANT TO ASSEMBLY BILL 936 CONCERNING FORGIVENESS OF LOANS, ADVANCES, OR OTHER INDEBTEDNESS THE PALM DESERT REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: 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. Assembly Bill 936, effective January 1, 2012, provides that by no later than February 1, 2012, a redevelopment agency or a public body must adopt a resolution stating whether or not during the period of time from January 1, 2010, through December 31, 2011, the redevelopment agency or public body has forgiven the repayment, wholly or partially, of any loans, advances, or indebtedness owed to or owed by the redevelopment agency, as appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE PALM DESERT REDEVELOPMENT AGENCY OF THE CITY OF PALM DESERT, CALIFORNIA AS FOLLOWS: Section 1. The Agency has not wholly or partially forgiven the repayment of any loans, advances, or indebtedness owed to the Agency by any public body during the period of time from January 1, 2010, through December 31, 2011. Section 2. No public body has wholly or partially forgiven the repayment of any loans, advances, or indebtedness owed by the Agency to such public body during the period of time from January 1, 2010, through December 31, 2011. Section 2. The Agency hereby authorizes and directs the Executive Director to transmit a copy of this Resolution to the City Council of the City of Palm Desert and to the California State Controller within 10 days of the adoption of this Resolution. Section 3. The Agency Secretary shall certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 26T" day of January, 2012. AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY PALM DESERT REDEVELOPMENT AGENCY 81000-0163\1418583 V 1.dOC G:Vda\Patty LeonUMM staffreport\RESOLUTIONS\Agency Resolution re AB 936.doc