Title
Resolution of the City Council of the City of San Leandro Acknowledging the Separate Legal Existence of the Successor Agency to the Redevelopment Agency of the City of San Leandro
Body
WHEREAS, the California Legislature adopted, the Governor signed, and the California Supreme Court, in California Redevelopment Association, et al. v. Matosantos, (2012) 53 Cal.4th 231, upheld Assembly Bill x1 26 (“ABx1 26”);
WHEREAS, pursuant to ABx1 26, all California redevelopment agencies were dissolved effective February 1, 2012;
WHEREAS, as added by ABx1 26, California Health and Safety Code Sections 34171(j) and 34173 provide that a city or county that formed a redevelopment agency (the “Sponsoring Jurisdiction”) would serve as the successor agency to the dissolved redevelopment agency unless the Sponsoring Jurisdiction affirmatively elected not to fill that role;
WHEREAS, as added by ABx1 26, California Health and Safety Code Section 34173(b) provides that the authority, rights, powers, duties and obligations previously vested with the former redevelopment agencies are vested in the successor agencies;
WHEREAS, pursuant to Resolution No. 2012-001, adopted by the City Council on January 9, 2012, the City of San Leandro (“City”) agreed to serve as the successor agency to the Redevelopment Agency of the City of San Leandro (the “Agency”) commencing upon the dissolution of the Agency on February 1, 2012;
WHEREAS, Assembly Bill 1484, enacted June 27, 2012, modified ABx1 26 to clarify that successor agencies are separate legal entities from the Sponsoring Jurisdiction; and
WHEREAS, the City of San Leandro wishes to acknowledge the existence of the successor agency to the Agency as an entity separate and distinct from the City.
NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of San Leandro that it hereby:
1. Pursuant to Health and Safety Code Sections 34171(j) and 34173, acknowledges the successor agency to the Redevelopment Agency of the...
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