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HomeMy WebLinkAbout12-01 SARDA Resolution RESOLUTION NO. SARDA 12-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACTING AS THE GOVERNING BODY FOR THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY PURSUANT TO PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATIONS OF THE SUCCESSOR AGENCY AS A NEW LEGAL ENTITY SEPARATE FROM THE CITY AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING AS THE GOVERNING BODY FOR THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, HEREBY RESOLVES AS FOLLOWS: Section 1. Recitals. The City Council of the City of Temecula Acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. The Agency duly adopted its Implementation Plan for 2010-2014 on December 8, 2009 in accordance with Health and Safety Code Section 33490. B. ABX1 26 and ABX1 27 were 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) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"). R:/SARDA Resos 2012/SARDA 12-01 1 C. 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 ABX1 26 and ABX1 27 were unconstitutional. D. On December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding ABX1 26, invalidating ABX1 27, and holding that ABX1 26 may be severed from AB X1 27 and enforced independently. E. 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. F. As a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies, including the Temecula Redevelopment Agency, were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173. G. The City Council of the City of Temecula (the "City") adopted Resolution No. 12-02 January 10, 2012, pursuant to Part 1.85 electing for the City to serve as the successor agency for the Temecula Redevelopment Agency upon the Agency's dissolution. H. The City Council, acting as the governing board for the successor agency, hereby desires to adopt a name for that separate legal entity and establish rules and regulations that will apply to the governance and operations of the successor agency. Section 2. Desiqnated Successor Aqencv. Pursuant to City Council Resolution No. 12-02, by which the City elected to serve as the successor agency to the Temecula Redevelopment Agency under Part 1.85 upon the Agency's dissolution (the "Successor Agency"), and the Agency having been dissolved by operation of law on February 1, 2012, the Successor Agency is hereby declared constituted. Section 3. Separate Leqal Entitv. The Successor Agency is a distinct and separate legal entity from the City, and is hereby named "Successor Agency to the Temecula Redevelopment Agency," the sole name by which it will exercise its powers and fulfill its duties pursuant to Part 1.85. Section 4. Governance A. Board of Directors. The Successor Agency shall be governed by a Board of Directors (the "Board"), which shall exercise the powers and perform the duties of the Successor Agency. The Board shall consist of the members of the City Council of the City. B. Board Officers. The Board shall have a Chair to preside at and conduct all meetings and a Vice Chair who shall act in the absence of the Chair. The offices of the R:/SARDA Resos 2012/SARDA 12-01 2 Chair and Vice Chair shall be filled by the Mayor and Mayor Pro Tem, respectively, of the City Council of the City as such positions now exist or may hereafter be changed by the City Council. C. Meetings of the Board. The Board shall hold regular meetings on the second and fourth Tuesdays of each month at 5:30 p.m. for closed sessions and 7:00 p.m. for regular meetings of the Board. If a regular meeting falls on a City holiday, such meeting shall be held on the immediately following day at 5:30 p.m. for closed sessions and 7:00 p.m. for regular meetings. The Board may adopt such rules and procedures for conducting such meetings and other business as the Board deems appropriate. The rules of procedure for City Council meetings shall govern meetings of the Board to the extent such rules are consistent with any rules adopted by the Board. All meetings of the Board including, without limitation, regular, adjourned regular, and special meetings shall be called, noticed and conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the California Government Code. D. Quorum. The presence of a majority of the Board members at a meeting shall constitute a quorum for the transaction of Successor Agency business. Less than a quorum may adjourn or continue meetings from time to time. E. Votinq. Except as otherwise provided by law or resolution of the Board, decisions of the Board shall be made by a majority of a quorum. F. Executive Director. The City Manager of the City shall serve as Executive Director of the Successor Agency. The Executive Director may appoint officers and employees as necessary to ep rform the duties of the Successor Agency. The Executive Director also may delegate the performance of his or her duties to other officers or employees. G. Secretarv. The City Clerk of the City shall serve as secretary to the Successor Agency. H. Finance Officer 1. The Director of Finance of the City shall serve as Finance Officer of the Successor Agency. 2. The Finance Officer shall have the care and custody of all funds of the Successor Agency and maintain separate fund accounting for the Successor Agency activity. 3. Subject to amendments by the Board, the Investment Policy of the City, as now exists or may hereafter be amended, is hereby adopted by reference by the Board from the Successor Agency. I. Leqal Counsel. The Board may retain such legal counsel as necessary or convenient to carry out its functions. The City Attorney of the City shall serve as the General Counsel to the Board. , R:/SARDA Resos 2012/SARDA 12-01 3 J. Additional Duties 1. The officers of the Successor Agency shall perform such other duties and functions as may from time to time be required or directed by the Board of the Successor Agency. ' 2. Until such time as the Board may adopt a different procedure, the Chair or Vice Chair, in the absence the Chair, and the Executive Director may sign, all orders and checks for the payment of money. 3. The Chair, or Vice Chair in the absence of the Chair may sign deeds, contracts and other instruments as have been approved by the Board. 4. The Executive Director may enter into agreements on behalf of the Successor Agency to the same extent as the City Manager of the City is authorized to enter into agreements on behalf of the City. Section 5. Powers and Duties of the Successor Aqency. A. The Successor Agency shall have the authority to perform the functions and duties described in Part 1.85, including but not limited to making payments and perForming obligations required by enforceable obligations and winding down the affairs of the Agency. B. The Successor Agency also may exercise any other powers provided by statute or granted by law. C. The Successor Agency shall also have such other powers as are necessary or convenient to carry out its functions and duties as described n Part 1.85. Section 6. Successor Aqencv Funds and Obli atq ions. All assets held by or under the control of the Successor Agency shall be maintained in funds established by the Successor Agency and shall be kept separate and apart from the funds and accounts of the City. Section 7. Indemnification and Liabilitv. A. Indemnification. The Successor Agency shall defend, indemnify, and hold harmless the City, and its City Council, boards, commissions, officers, employees and agents, from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Successor Agency. B. Liabilitv. In accordance with Health and Safety Code Section 34173(e), the liability of the Successor Agency, acting pursuant to the powers granted under Part 1.85, shall be limited to the extent of, and payable solely from, the total sum of property tax revenues it receives pursuant to Part 1.85 and the value of assets transferred to it R:/SARDA Resos 2012/SARDA 12-01 4 as a successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations of the Successor Agency and not of the City. Section 8. Roster of Public Agencies Filinq. The Secretary to the Successor Agency shall file on the prescribed form the statement of public agency with the Secretary of State and County Clerk in accordance with Government Code Section 53051. Section 9. Certification. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 28 day of February, 2012. � ., r �,. , � � d � ;, _._ �_, , � �, , Chuck W hington, Chairperson ATTEST: Susan . Jo es, MMC City Cle Bo d Secretary [SEAL] R:/SARDA Resos 2012/SARDA 12-01 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 12-01 was duly and regularly adopted by the Board Members of the Successor Agency to the Temecula Redevelopment Agency of the City of Temecula at a meeting thereof held on the 28 day of February, 2012, by the following vote: AYES: 5 BOARD MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAIN: 0 BOARD MEMBERS: None Susan W. ones, MMC City Clerk/B rd Secretary R:/SARDA Resos 2012/SARDA 12-01 6