HomeMy WebLinkAbout006-2012RESOLUTION NO. 6 -2012
EXPRESSING THE TOWN OF DANVILLE'S INTENT TO SERVE AS THE
SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT AGENCY OF THE
TOWN OF DANVILLE PURSUANT TO HEALTH AND SAFETY CODE SECTION
34171(j) AND SECTION 34173 AND TO ELECT TO RETAIN THE HOUSING
ASSETS AND FUNCTIONS PREVIOUSLY PERFORMED BY THE COMMUNITY
DEVELOPMENT AGENCY OF THE TOWN OF DANVILLE PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34176
WHEREAS, Assembly Bill 1x 26 (the "Dissolution Act ") and Assembly Bill 1x 27 (the
"Alternative Redevelopment Program Act ") were enacted on June 28, 2011 (collectively
the "Redevelopment Restructuring Acts "), to significantly modify the Community
Redevelopment Law (Health & Safety Code §§ 33000, et seq .; the "Redevelopment
Law "); and
WHEREAS, on August 11, 2011, the California Supreme Court agreed to review the
California Redevelopment Association and League of California Cities' petition
challenging the constitutionality of the Redevelopment Restructuring Acts; and
WHEREAS, on December 29, 2011, the California Supreme Court ruled that the
Dissolution Act is largely constitutional and the Alternative Redevelopment Program
Act is unconstitutional; and
WHEREAS, the Court's decision means that all California redevelopment agencies will
dissolve on February 1, 2012 pursuant to the Dissolution Act; and
WHEREAS, the Dissolution Act provides that the community that authorized the creation
of the redevelopment agency shall be the "successor agency" to the dissolved
redevelopment agency unless the community elects not to serve as the successor agency
under Section 34173(d)(1) of the Redevelopment Law; and
WHEREAS, Section 34176(a) of the Redevelopment Law provides that the community
that authorized the creation of a redevelopment agency may elect to retain the housing
assets and functions previously performed by the former redevelopment agency; and
WHEREAS, the Town of Danville (the "Town ") intends to, and shall serve as, the
successor agency for the Community Development Agency of the Town of Danville (the
"Agency ") in accordance with Section 341710) and Section 34173 of the Redevelopment
Law; and
WHEREAS, the Town desires to elect to retain the housing assets and functions
previously performed by the Agency in accordance with Section 34176 of the
Redevelopment Law; now, therefore, be it
RESOLVED, that the Town hereby accepts the designation, and hereby declares its
intent, to serve as the successor agency for the Agency in accordance with Section 341710)
and Section 34173 of the Redevelopment Law; and, be it further
RESOLVED, that the Town hereby elects to retain the housing assets and functions
previously performed by the Agency in accordance with Section 34176 of the
Redevelopment Law; and, be it further
RESOLVED, that the Town Manager, or the Town Manager's designee, is hereby
authorized to file a copy of this resolution with the County Auditor - Controller; and, be
it further
RESOLVED, that the Town Manager or the Town Manager's designee is hereby
authorized to take such additional actions, and to execute all documents necessary and
appropriate, for the Town to transfer the assets of the Agency to the Town in its
capacity as successor agency to the Agency, pursuant to Sections 34175 and 34176 of the
Redevelopment Law.
APPROVED by the Danville Town Council at a regular meeting on January 10, 2012, by
the following vote:
AYES: Andersen, Arnerich, Doyle, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None ,
MAYOR
APPROVED AS TO FORM:
f 4
CITY ATTORNEY
PAGE 2 OF RESOLUTION NO. 6-2012