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CDC - 2012-03 - Declaration Under Health adn Safety Code Section 33354.8 That During The Period From Jan. 1, 10 to Dec. 31, 11 the Commission Has Not Forgiven the Repayment, Wholly or Partially Of any Loan, Advance, Or Indebtedness Owed to Agency By CityRESOLUTION 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 Stever y, Chair ATTEST: . 16 �- Gloria Molleda, Secretary APPROVE AS TO FORM: R achel Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD I, Gloria Molleda, Commission Secretary of the City of Rosemead, do hereby certify that the foregoing Resolution No. 2012 -03 being: A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROSEMEAD 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, ADVANCES, OR INDEBTEDNESS OWED TO THE AGENCY BY A PUBLIC BODY. was duly and regularly approved and adopted by the Rosemead Community Development Commission on the 24th of January, 2012, by the following vote to wit: Yes: Alarcon, Armenta, Clark, Ly No: None Abstain: None Absent: Low Gloria Molleda Commission Secretary ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRMAN AND COMMISSION MEMBERS FROM: JEFF ACCRED, EXECUTIVE DIRECTOR �I 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: