R 4420 RESOLUTION NO. 4420
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, CALIFORNIA DETERMINING THAT THE
CITY OF ARROYO GRANDE ELECTS TO, AND SHALL, SERVE
AS THE SUCCESSOR AGENCY TO THE DISSOLVED
REDEVELOPMENT AGENCY OF THE CITY OF ARROYO
GRANDE PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34173 �
WHEREAS, the Redevelopment Agency of the City of Arroyo Grande ("Redevelopment
Agency") is a public body, corporate and politic, organized and existing under the
California Community Redevelopment Law (Health 8� Safety Code Section 33000 et
seq.); and
WHEREAS, the City of Arroyo Grande is a municipal corporation and a general law city
of the State of California ("City"); and
WHEREAS, on December 29, 2011, the California Supreme Court issued its opinion in
the case Califomia Redevelopment Association, et al. v. Ana Matosantos, etc., et al.,
Case No. S196861, and upheld the validity of Assembly Bill 1 x26 ("A61 x26") and
invalidated Assembly Bill 1 x27; and �
WHEREAS, the Court's decision results in the implementation of A61 x26 which
dissolves all the redevelopment agencies in the State of California as of February 1,
2012; and
WHEREAS, pursuant to a provision of A61x26, codified as Health and Safety Code
Section 34173(d)(1), the city, in the case of a redevelopment agency of a city,
automatically becomes the "Successor Agency" to its dissolved redevelopment agency
and is charged with the responsibility of winding up the affairs of the dissolved
redevelopment agency pursuant to A61x26, unless the city council adopts a resolution
electing to not serve as the Successor Agency and thereafter files a copy of such
resolution with the county auditor-controller; and
WHEREAS, the California Supreme Court, in Footnote 25 of its opinion, extended to
January 13, 2012 the deadline for a city to make its decision on whether to decline to be
the Successor Agency to its dissolved redevelopment agency; and
WHEREAS, the City Council, having considered the matter, has determined, in its
� legislative discretion, that it is in the best interests of the City for the City to serve as the
Successor Agency to the dissolved Redevelopment Agency; and
WHEREAS, although pursuant to Health & Safety Code Section 34173(d)(1), the City
would automatically became the Successor Agency unless it affirmatively elects to not
serve as the Successor Agency by Resolution, the City nonetheless wishes to express
its intention to serve as the Successor Agency to the dissolved Redevelopment Agency.
RESOLUTION NO. 4420
PAGE 2
NOW, THEREFORE, the City Council of the City of Arroyo Grande resolves as follows:
1. The foregoing Recitals are true and correct and are incorporated herein.
2. The City Council of the City of Arroyo Grande hereby affirmatively determines that
the City of Arroyo Grande elects to, and shall, serve as the Successor Agency to the
. dissolved Redevelopment Agency of the City of Ar"royo Grande. � -
3. The City Manager and his authorized designees are hereby authorized and directed
to take such other and further actions and sign such other and further documents as is
necessary and proper to implement this_Resolution on behalf of the City.
4. The City Clerk shall file a copy of this Resolution with the San .Luis Obispo County
Auditor-Controller not later than 5:00 p.m. on January 13, 2012.
On motion of Council Member Costello, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Costello, Guthrie, Brown, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 10�h day of January, 2012. .
RESOLUTBQ�N iVO. yy2b � �
� PAGE 3 � � � .
TOfVY FER , A OR �
A�EST':
u �
KELLY WE illl0 E, CfTY CLEI�K
APPROVED AS TO COIdTENT: .
STEVEN ADANiS, CITY RIIANAGER �
APPROVED AS TO F06�iU1: , �
� . ,
CITY A� ORfVEY � . �
OFFICIAL CERTiFIC�lTION .� �
I, KFLLY �!!lETMORE, City Clerk of the City of Arroyo Grande, Countjr of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
Resolution No. 4420 is a true, full, and correct copy of said Resolution passeci
. and adopted at a regular meeting of the City Council/Redevelopment Agency of
the City of Arroyo Grande on the 10�' day of January�201 a,•
WITfdESS my hand and the Seal of the City of Arroyo Grande affixed this 12�'
day of January 201�. �
. _ �� �
KELLY W TM E, CITY CLERK