HomeMy WebLinkAbout11-057 CC Resolution RESOLUTION NO. 11-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AUTHORIZING THE APPEAL OF THE
DEPARTMENT OF FINANCE'S DETERMINATION OF THE
FISCAL YEAR 2011-12 REMITTANCE AMOUNT
DETERMINED PURSUANT TO HEALTH AND SAFETY
CODE SECTION 34194
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Temecula hereby finds, determines
and declares that:
A. On August 1, 2011, the State Department of Finance notified the
City of Temecula ("City") that the fiscal year 2011-12 remittance amount determined
pursuant to Health and Safety Code Section 34194(b)(2)(I) for the Redevelopment
Agency of the City of Temecula is $4,731.158.00.
B. The City is authorized to appeal this amount pursuant to Health and
Safety Code 34194.
Section 2. Subject to the terms of this Resolution, the City Council of the City
of Temecula hereby authorizes and directs the City Manager to appeal on behalf of the
City the amount of remittance described in Section 1(A) of this Resolution on the basis
that: (1) the information in the State Controller's Redevelopment Agency 2008-09
annual report was in error; and (2) the percentage of tax increment necessary to pay for
tax allocation bonds and interest payments has increased by 10 percent or more over
the percentage calculated pursuant to the State Controller's Redevelopment Agency
2008-09 annual report. The City Manager shall file the appeal within the time required
by law and shall include such information with the appeal as may be required by law or
helpful to the appeal. The City Manager is authorized to take such other and further
actions on behalf of the City as are necessary or convenient to effectuate the appeal.
Section 3. Notwithstanding the City's appeal, the City maintains that the
provisions of AB X1 26 (Chapter 5 of the Statutes of 2011) and AB X1 27 (Chapter 6 of
the Statutes of 2011) are unconstitutional, and that the Director of Finance accordingly
lacks the authority to determine remittance amounts pursuant to Health and Safety
Section 34194. The City contends that AB X1 26 and AB X1 27 violate, among other
provisions of law, California Constitution Article I, Section 9, Article II, Section 8(a),
Article XIII, Section 24, Article XIII, Section 25.5, Article XIIIB, Section 6, and Article
XVI, Section 16. The City contends that the Director of Finance has no authority to
enforce unconstitutional statutes such as Health and Safety Code section 34194. As a
result, the filing of this appeal is not intended by the City or Agency to waive any right
either may have to challenge the legality of all or any portion of AB X1 26 or AB X1 27
through administrative or judicial proceedings or to prejudice the City's right to seek to
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recover reimbursement of payments made pursuant to AB X1 27, plus interest, should
the requirement of making such payments be stayed, enjoined, repealed, or held
unconstitutional or unenforceable by any court of competent jurisdiction.
Section 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 9 th day of August, 2011.
Ron Roberts, Mayor
ATTEST:
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Susan . Jones, MC
City CI k
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 11-57 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 9 day of August, 2011, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar,
Washington, Roberts
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
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Susan W Jones, MMC
City C�erk
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