Resolution No. 6283072
RESOLUTION NO. 6283
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA
DETERMINING THAT THE CITY OF CYPRESS ELECTS TO, AND SHALL,
SERVE AS THE SUCCESSOR AGENCY TO THE DISSOLVED
CYPRESS REDEVELOPMENT AGENCY PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34173
WHEREAS, the Cypress Redevelopment Agency ( "Redevelopment Agency ") is a
public body, corporate and politic, organized and existing under the California
Community Redevelopment Law (Health & Safety Code Section 33000 et seq.); and
WHEREAS, the City of Cypress is a municipal corporation and a charter city
organized and existing under the Constitution of the State of California ( "City "); and
WHEREAS, on December 29, 2011, the California Supreme Court issued its
opinion in the case California Redevelopment Association, et al. v. Ana Matosantos,
etc., et al., Case No. S196861, and upheld the validity of Assembly Bill 1x26 ( "AB1x26 ")
and invalidated Assembly Bill 1x27 ("AB1x27"); and
WHEREAS, the Court's decision results in the implementation of AB1x26 which
dissolves all the redevelopment agencies in the State of California as of February 1,
2012; and
WHEREAS, pursuant to a provision of AB1x26, 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 AB1x26, 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 and decision to serve as the Successor Agency to the dissolved
Redevelopment Agency.
NOW, THEREFORE, the City Council of the City of Cypress resolves as follows:
Section 1. The foregoing Recitals are true and correct and are incorporated
herein.
Section 2. The City Council of the City of Cypress hereby affirmatively
determines that the City of Cypress elects to, and shall, serve as the Successor Agency
to the dissolved Cypress Redevelopment Agency.
Section 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.
Section 4. The City Clerk shall file a copy of this Resolution with the Orange
County Auditor - Controller not later than 5:00 p.m. on January 13, 2012.
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PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 9th day of January, 2012.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
OFT ! OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 9th day of January, 2012, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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