CC Resolution No. 12-001 Successor Agency to the City of Cupertino Redevelopment Agency RESOLUTION NO. 12-001
RESOLUTION OF THE CITY OF CUPERTINO TO EXPRESS ITS INTENT TO SERVE
AS THE SUCCESSOR AGENCY OF THE CITY OF CUPERTINO REDEVELOPMENT
AGENCY, 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 CITY OF CUPERTINO
REDEVELOPMENT AGENCY, 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, 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(unless the legislature adopts, and
the governor approves, legislation to extend that deadline); and
WHEREAS,the Dissolution Act provides that the city that authorized the creation of the
redevelopment agency shall be the "successor agency" to the dissolved redevelopment agency
unless the city 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 city 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 City intends to, and shall serve as,the successor agency for the City of
Cupertino Redevelopment Agency (the "Agency") in accordance with Section 34171(j)and
Section 34173 of the Redevelopment Law; and
WHEREAS,the City desires to elect to retain the housing assets and functions previously
performed by the Agency in accordance with Section 34176 of the Redevelopment Law.
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NOW,THEREFORE, BE IT RESOLVED,that the City hereby accepts the designation,
and hereby declares its intent, to serve as the successor agency for the Agency in accordance with
Section 34171(j)and Section 34173 of the Redevelopment Law.
BE IT FURTHER RESOLVED,the City hereby elects to retain the housing assets and
functions previously performed by the Agency in accordance with Section 34176 of the
Redevelopment Law.
BE IT FURTHER RESOLVED, that the City Manager, or her designee, is hereby
directed to file a copy of this resolution with the County Auditor-Controller.
BE IT FURTHER RESOLVED, that the City Manager, or her designee, is hereby
authorized to take such additional actions, and to execute all documents necessary and
appropriate, for the City to transfer the assets of the Agency to the City, in its capacity as
successor agency to the Agency, pursuant to Sections 34175 and 34176 of the Redevelopment
Law.
PASSED AND ADOPTED at a regular meeting of the City of Cupertino City Council on
this 10th day of January, 2012 by the following vole:
Vote: Members of the City Council
AYES: Santoro, Chang, Sinks, Wong
NOES: None
ABSENT: Mahoney
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, Acting City Clerk Mark Santoro, Mayor