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HomeMy WebLinkAboutReso 08-2012 RESOLUTION NO. 08 -2012 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AFFIRMING ITS ELECTION TO HAVE THE CITY OF SOUTH SAN FRANCISCO SERVE AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 34173 AND 34177, AND ELECTING TO RETAIN THE HOUSING ASSETS AND HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY THE AGENCY PURSUANT TO HEALTH AND SAFETY CODE SECTION 34176 WHEREAS, the Redevelopment Agency of the City of South San Francisco ( "Agency ") is a redevelopment agency organized and existing under California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) (the "CRL "); WHEREAS, the California Legislature adopted, the Governor signed, and the California Supreme Court, in California Redevelopment Association, et al. v. Ana Matosantos, et al., has upheld Assembly Bill xl 26 ( "ABx1 26 "), legislation that amends the CRL, provides that the Agency will be dissolved effective as of February 1, 2012, and empowers a designated "successor agency" to wind down the affairs of the Agency, subject to review and approval by a local oversight board; WHEREAS, Health and Safety Code Section 34173(d)(1) provides that the City will automatically become the successor to the Agency unless the City affirmatively declines such role and files a duly authorized resolution to that effect with the county auditor - controller no later than January 13, 2012; WHEREAS, ABx1 26 provides that if a city that authorized the creation of a redevelopment agency elects not to serve as a successor agency, the county auditor - controller shall determine the first local agency in the county that elects to become the successor agency, or if no local agency elects to serve as the successor agency, the Governor shall appoint three county residents to serve as the governing board of a designated local authority serving as a successor agency until a local agency elects to become the successor agency; WHEREAS, Health and Safety Code Section 34173(e) provides that the liability of any successor agency acting pursuant to ABx1 26 shall be limited to the extent of the total sum of property tax revenues it receives pursuant to ABx1 26 and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency; WHEREAS, the City Council previously expressed its desire to have the City serve as the successor agency to the Agency; and WHEREAS, Health and Safety Code Section 34176 provides that the City may elect to retain the housing assets and functions previously performed by the Agency, and further provides that if the City does not elect to retain such assets and functions, the Agency's housing rights, powers, assets, liabilities, duties and obligations will be transferred to the local housing authority; WHEREAS, the City Council believes that it is in the best interest of the community for the City to serve as the successor agency to the Agency; and WHEREAS, the City Council believes that it is in the best interest of the community for the City to retain the rights, powers, assets, liabilities, duties and obligations associated with the housing activities of the Agency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco as follows: 1. The City Council affirms its election to have the City serve as successor agency to the Redevelopment Agency of the City of South San Francisco and to assume the responsibilities, rights and powers of a successor agency pursuant to Health and Safety Code Section 34177. The City affirms this election in reliance upon the limitation of liability set forth in Health and Safety Code Section 34173(e). 2. The City of South San Francisco hereby elects to retain the housing assets and functions previously performed by the Agency and to assume all rights, powers, assets, liabilities, duties and obligations associated with the housing activities of the Redevelopment Agency of the City of South San Francisco in accordance with Health and Safety Code Section 34176; provided however, the City Council reserves the right to rescind this election if the City determines that insufficient resources are available to enable the City to fulfill such duties and obligations. 3. The City Manager is hereby authorized to take all action necessary to implement this Resolution. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 25` day of January, 2012 by the following vote: AYES: Councilmembers Mark Addiego, Karyl Matsumoto, and Kevin Mullin, Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: None ATTEST: -^^ " ( 6"1-ert-A- 91 -- City Clerk LIST OF RESIDENTIAL PROPERTIES OF THE AGENCY 1.25.2012 APN Address Use Year Acq. 012333050 339 -341 Commercial Two duplexes (4 units) 1999 012311230 310 Miller, 310A Miller, 311 Tamarack 3 residential units 2005 012 -311 -240 312 Miller, 312 A Miller, 313 Tamarack, 315 Tamarack 4 residential units 2005 013232170 380 Alta Vista Single family 2005 012311250 314 Miller Single family 2008 012145430 714 -718 Linden Ave. Residential 3 units 2005 012316060, 080, 090 217 -219 Grand Ave Future housing over retail 2010 636 El Camino Real Future housing over retail 2011