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HomeMy WebLinkAboutItem 3e: Resolution 6818 & 6819: Successor Agency Forgiveness of Loans to and from Public Bodies OF ARC ON kii '6 C)7 4 !. P! i eoru s,+oo� 02unitYot00- STAFF REPORT Development Services Department DATE: February 21, 2012 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director3L}4 Jerry Schwartz, Economic Development Manager le SUBJECT: ADOPT RESOLUTION NO. 6818, AS THE SUCCESSOR AGENCY TO THE ARCADIA REDEVELOPMENT AGENCY, REGARDING FORGIVENESS OF LOANS TO AND FROM PUBLIC BODIES AS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33354.8 ADOPT RESOLUTION NO. 6819 REGARDING FORGIVENESS OF LOANS TO AND FROM PUBLIC BODIES AS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33354.8 Recommendations: Adopt Resolutions 6818 and 6819 SUMMARY Health and Safety Code section 33354.8, signed into law on September 6, 2011, requires the adoption of a resolution by cities and redevelopment agencies stating whether there has been a forgiveness of any repayment of a loan, advance or indebtedness to or from the city or redevelopment agency and another public body between January 1, 2010 and December 31, 2011. During such time period, the City nor the Redevelopment Agency have forgiven the repayment of any such loans, advances or indebtedness made to any public body, nor have any such loans, advances or indebtedness made to the City or Redevelopment Agency been forgiven. It is recommended that the City Council adopt Resolutions 6818 and 6819 pursuant to this Section 33354.8 on the City's behalf, as well as on the Redevelopment Agency's behalf as its Successor Agency, because the Agency was dissolved on February 1, 2012. BACKGROUND On September 6, 2011, the Governor signed into law Assembly Bill 936, which added Health and Safety Code Section 33354.8, which requires the adoption of a resolution by the City of Arcadia ("City") and the Arcadia Redevelopment Agency ("Agency") stating whether there has been a forgiveness of any repayment of a loan, advance, or indebtedness to or from the Agency or the City and another public body between January 1, 2010 and December 31, 2011. Staff Report Resolutions No. 6818 and 6819 February 21, 2012 Page 2 Health and Safety Code Section 33354.8 requires the resolution to specify the name of the public body or redevelopment agency, the amount of the forgiveness, the terms of the loan, advance, or indebtedness, the fiscal effect of the proposed forgiveness on the public body and the fiscal effect of the proposed forgiveness on the redevelopment agency. Additionally, within 10 days of adoption of this resolution, the resolution must be transmitted to the legislative body and the State Controller. Pursuant to Health and Safety Code Section 34172, the Agency was dissolved on February 1, 2012. Pursuant to Health and Safety Code Section 34173, the City Council elected to become the Successor Agency at their regular meeting on January 3, 2012. DISCUSSION Between January 1, 2010 and December 31, 2011, no repayment of any loans, advances or indebtedness were forgiven by the City or the Agency, nor were the repayment of any loans, advances or indebtedness of the City or Agency forgiven by another public body. Within 10 days of the adoption of these Resolutions, the Resolutions must be transmitted to the State Controller. FISCAL IMPACT No City funds are involved with the adoption of these Resolutions. RECOMMENDATION 1. It is recommended the City Council adopt Resolution No. 6818 as the Successor Agency to the Redevelopment Agency regarding forgiveness of loans to and from public bodies as required by Health and Safety Code section 33354.8 2. It is recommended that the City Council adopt Resolution No.6819, regarding forgiveness of loans to and from public bodies as required by Health and Safety Code section 33354.8 Approved: - e -.- o ? j Donald Penman, City Manager Attachment Resolution No. 6818 Resolution No. 6819 RESOLUTION NO. 6818 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AS THE SUCCESSOR AGENCY TO THE ARCADIA REDEVELOPMENT AGENCY, REGARDING FORGIVENESS OF LOANS TO AND FROM PUBLIC BODIES AS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33354.8 WHEREAS, pursuant to Health and Safety Code section 34172, the Arcadia Redevelopment Agency ("Agency") was dissolved as of February 1, 2012; and WHEREAS, pursuant to Health and Safety Code section 34173, the City Council of the City of Arcadia ("Successor Agency") elected to become the Successor Agency to the Agency, at their regular meeting on January 3, 2012; and WHEREAS, Health & Safety Code Section 33354.8 requires the adoption, on or before February 1, 2012, of a resolution declaring whether the repayment, wholly or partially, of a loan, advance, or indebtedness owed to a public body by another public body, has been forgiven during the period of time commencing January 1, 2010 through December 31, 2011; and WHEREAS, during the period of time commencing January 1, 2010 through December 31, 2011, there were no repayments of loans, advances or indebtedness from or to any public body with the Agency that were forgiven wholly or partially. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AS THE SUCCESSOR AGENCY TO THE ARCADIA REDEVELOPMENT AGENCY, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The Recitals preceding this Resolution are true and correct and are incorporated into this Resolution. 1 SECTION 2. The Successor Agency hereby declares that during the period of time from January 1, 2010 through December 31, 2011, the Agency did not forgive, wholly or partially, the repayment of any loans, advances or indebtedness made to any public body. SECTION 3. The Successor Agency hereby declares that during the period of time from January 1, 2010 through December 31, 2011, no public body forgave, wholly or partially, the repayment of any loans, advances or indebtedness made to the Agency. SECTION 4. The Successor Agency hereby authorizes the City Clerk to transmit a copy of this resolution to the Office of the State Controller within ten (10) days of the adoption of this Resolution. SECTION 5. This Resolution shall take effect immediately. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2012. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: • pr Stephen P. Deitsch City Attorney 2 RESOLUTION NO. 6819 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REGARDING FORGIVENESS OF LOANS TO AND FROM PUBLIC BODIES AS REQUIRED BY HEALTH AND SAFETY CODE SECTION 33354.8 WHEREAS, Health & Safety Code Section 33354.8 requires the adoption, on or before February 1, 2012, of a resolution declaring whether the repayment, wholly or partially, of a loan, advance, or indebtedness owed to a public body by another public body, has been forgiven during the period of time commencing January 1, 2010 through December 31, 2011; and WHEREAS, during the period of time commencing January 1, 2010 through December 31, 2011, there were no repayments of loans, advances or indebtedness from or to any public body with the City of Arcadia that were forgiven wholly or partially. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. The Recitals preceding this Resolution are true and correct and are incorporated into this Resolution. SECTION 2. The City Council hereby declares that during the period of time from January 1, 2010 through December 31, 2011, the City did not forgive, wholly or partially, the repayment of any loans, advances or indebtedness made to any public body. SECTION 3. The City Council hereby declares that during the period of time from January 1, 2010 through December 31, 2011, no public body forgave, wholly or partially, the repayment of any loans, advances or indebtedness made to the City. 1 SECTION 4. The City Council hereby authorizes the City Clerk to transmit a copy of this resolution to the Office of the State Controller within ten (10) days of the adoption of this Resolution. SECTION 5. This Resolution shall take effect immediately. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2012. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: F--t/tria-Att, n � r-- b✓, Stephen P. Deitsch City Attorney 2