HomeMy WebLinkAboutResolutions - No. 2007-231RESOLUTION NO. 2007-231
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LODI APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDED AND RESTATED COOPERATION AGREEMENT
WITH THE REDEVELOPMENT AGENCY OF THE CITY OF LODI
AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
WHEREAS, the Redevelopment Agency of the City of Lodi (the "Agency") is a duly
constituted redevelopment agency and is undertaking certain activities necessary for
redevelopment under the provisions of the California Community Redevelopment Law (Health
and Safety Code Sections 33000 etseq herein, the "Law"); and
WHEREAS, pursuant to the provisions of the Law, the City Council of the City of Lodi,
activated the Agency and has initiated a process for the consideration of the adoption of a
redevelopment plan (the "Redevelopment Plan") for a redevelopment project proposed to be
established consisting of certain territory in the eastern portion of the City limits (the "Project");
and
WHEREAS, pursuant to Law, the Agency is performing a public function of benefit to the
City and may have access to services and facilities of the City; and
WHEREAS, the Agency and the City have entered into previous agreements or
arrangements and the Agency has previously issued promissory notes or incurred other
obligations (collectively, the "Prior Agreements") for the benefit of the City, which establish
evidence the indebtedness of the Agency to the City; and
WHEREAS, the City and the Agency desire to enter into an Amended and Restated
Cooperation Agreement in the form submitted herewith (the "Agreement"):
(1) To set forth activities, services, and facilities, which the City will render for
and make available to the Agency in furtherance of the activities and functions of the Agency
under the Law; and
(2) To provide that the Agency will reimburse the City for actions undertaken
and costs and expenses incurred by it for and on behalf cf the Agency.
WHEREAS, pursuant to the Community Redevelopment Law, the Agency is petforming
a public function of the City and may have access to services and facilities of the City; and
WHEREAS, without amending, limiting, or modifying the Prior Agreements and the
ongoing effectiveness of such Prior Agreements, which shall remain in effect according to their
terms for the greatest time legally allowable, the Agency and the City desire to memorialize in
the Agreement certain matters relating to the financial relationship between the Agency and the
City as it relates to the Redevelopment Plan and its implementation; and
WHEREAS, the City and the Agency desire to provide for the ongoing provision of
administrative support to the Agency by the City for so long as the Agency requires such
support relative to the Plan; and
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WHEREAS, the City and the Agency desire to enter into an Amended and Restated
Cooperation Agreement substantially in the form on file with the Agency Secretary (the
"Agreement"):
(1)
(2)
To set forth activities, services, and facilities, which the City will continue to
render for and make available to the Agency in furtherance of the activities and
functions of the Agency under the Community Redevelopment Law; and
To reiterate and provide that the Agency will reimburse the City for actions
undertaken and costs and expenses incurred by it for and on behalf of the
Agency.
WHEREAS, the Agency has the general purpose of redevelopment and the elimination
of blight and the provision of public facilities to be set forth in the Redevelopment Plan; and
WHEREAS, the approval of and implementation of the Agreement will not alter the policy
of the Agency that the power of eminent domain will not be available to the Agency, it being the
intention of the Agency that the Redevelopment Plan not provide for the Agency to have the
power of eminent domain; and
WHEREAS, consistent with the policy of the Agency concerning eminent domain, staff is
instructed and directed that the power of eminent domain not be included in the Redevelopment
Plan; and
WHEREAS, the City Council has reviewed evidence, including both oral testimony and
writings, in connection with this matter, and has determined that the foregoing recitals, and each
of them, are true and correct, and further has determined that the Agreement is in the best
interests of the Agency and the City and the health, safety, and welfare of its residents, and in
accord with the public purposes and provisions of applicable State and local law requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI DOES RESOLVE
AS FOLLOWS:
Section 1. The City Council finds and determines that the Agreement implements
the Law and the efforts cf the Agency to adopt and implement a Redevelopment Plan, is of
benefit to those areas proposed for study for inclusion as a redevelopment project area (herein,
the "Proposed Area"), will contribute to the eradication of blight in the Proposed Area and is of
benefit to the Agency.
Section 2. The City Council states as its policy that the Redevelopment Plan not
include the power of eminent domain; staff is directed to cause the preparation of a
Redevelopment Plan that does not include the power of eminent domain exercisable by the
Agency.
Section 3. The City Council authorizes and directs the City Manager to execute on
behalf of the City the Agreement. The City Council further authorizes and directs staff to take all
actions necessary and appropriate to implement the participation by the City pursuant to the
Agreement.
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ATTES
APPROVED AND ADOPTED this 21st day ofNovem er, 2007.
By: ./
Bob Johnson,
Randi Joh!, Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN JOAQUIN
CITY OF LODI
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that the foregoing
Resolution No. 2007-231 was passed and adopted by the City Council of the City of Lodi in a
special joint meeting with the Lodi Redevelopment Agency held November 21, 2007, by the
following vote:
AYES: MEMBERS — Hansen, Hitchcock, Katzakian, and Mayor Johnson
NOES: MEMBERS — Mounce
ABSENT: MEMBERS— None
ABSTAIN: MEMBERS — None
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Randi Johl, City Clerk