CDC - Item 3C - Resolution to Comply with AB 936 (HUESO)L e i O ki I
TO: THE HONORABLE CHAIRMAN AND COMMISSION MEMBERS
FROM: JEFF ALLRED, EXECUTIVE DIRECTOR t 01
DATE: JANUARY 24, 2012
SUBJECT: RESOLUTION TO COMPLY WITH AB 936 (HUESO)
SUMMARY
Last year the State legislature adopted AB 936 (Hueso), which requires the Community
Development Commission (CDC) to adopt a resolution before February 1, 2012
declaring whether or not it has forgiven the repayment, wholly or partially, of a loan,
advance, or indebtedness that has been owed between the City and the CDC during the
period of time between January 1, 2010 and December 31, 2011. Based on a review of
the documents, it has been determined that neither the CDC nor the City have forgiven
loans, advances or indebtedness owed to each other for the period of January 1, 2010
to December 31, 2011.
Recommendation:
That the Community Development Commission adopt a Resolution declaring that no
loans, advances or other indebtedness have been forgiven between the Commission
and the City of Rosemead between January 1, 2010 and December 31, 2011.
BACKGROUND /ANALYSIS
AB 936 (Hueso) was adopted by the legislature in 2011 prior to the enactment of ABx1
26 and ABx1 27 and the freeze on all redevelopment activities. The provisions of this
bill have been codified into the California Redevelopment Law as Section 33354.8 of the
California Health and Safety Code. This law requires that redevelopment agencies
adopt a resolution after January 1, 2012 and prior to February 1, 2012, declaring
whether or not it has forgiven, during the period of time commencing January 10, 2010,
and ending December 21, 2011, the repayment, wholly or partially, of a loan, advance,
or indebtedness that has been owed to the Agency by a public body.
The City Attorney has made staff aware of this requirement and advised that the
Community Development Commission and City Council each adopt such resolutions.
Attachment — Resolution
ITEM NO.
APPROVED FOR CITY COUNCIL AGENDA:
RESOLUTION NO. 2012 -03
A RESOLUTION OF THE ROSEMEAD COMMUNITY
DEVELOPMENT COMMISSION MAKING A DECLARATION
UNDER HEALTH AND SAFETY CODE SECTION 33354.8
THAT, DURING THE PERIOD FROM JANUARY 1, 2010, TO
DECEMBER 31, 2011, THE COMMISSION HAS NOT
FORGIVEN THE REPAYMENT, WHOLLY OR PARTIALLY, OF
ANY LOAN, ADVANCE, OR INDEBTEDNESS OWED TO THE
AGENCY BY A PUBLIC BODY
WHEREAS, the Rosemead Community Development Commission, a public body, corporate
and politic ( "Commission "), is the redevelopment agency performing redevelopment functions
within the territorial limits of the City of Rosemead pursuant to the California Community
Redevelopment Law (Health & Safety Code § 33000, et seq.); and
WHEREAS, the City of Rosemead ( "City ") is a California municipal corporation organized and
existing under the laws of the State of California; and
WHEREAS, the California Community Redevelopment Law, pursuant to Section 33354.8 of the
California Health and Safety Code, requires that the Commission adopt a resolution after
January 1, 2012 and prior to February 1, 2012, declaring whether or not it has forgiven, during
the period of time commencing January 1, 2010, and ending December 31, 2011, the
repayment, wholly or partially, of a loan, advance, or indebtedness that has been owed to the
Commission by a public body; and
WHEREAS, Section 33354.8 of the California Health and Safety Code also requires that within
ten (10) days after the adoption of the resolution, the Commission transmit a copy of the
resolution to the legislative body and the California State Controller.
NOW, THEREFORE, the Rosemead Community Development Commission resolves as
follows:
Section 1. Based upon the best knowledge of Commission staff and the Commission Board,
during the period between January 1, 2010, and December 31, 2011, the Commission has not
forgiven the repayment, wholly or partially, of a loan, advance, or indebtedness that has been
owed to the Commission by a public body.
Section 2. Not later than ten (10) days after the adoption of this Resolution, the Commission
Secretary shall transmit a copy of this Resolution to the City Council of the City of Rosemead
and to the California State Controller.
APPROVED and ADOPTED this 24 day of January, 2012.
Steven Ly, Chair
ATTEST:
Gloria Molleda, Secretary
APPROVE AS TO FORM:
Rachel Richman, City Attorney