HomeMy WebLinkAboutItem 3e: Resolution 6818 & 6819: Successor Agency Forgiveness of Loans to and from Public Bodies OF ARC
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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.
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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:
•
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Stephen P. Deitsch
City Attorney
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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.
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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--
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Stephen P. Deitsch
City Attorney
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