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10A Action 2014 0902
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10A Action 2014 0902
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9/15/2014 10:09:04 AM
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8/26/2014 5:28:19 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/2/2014
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_CC Agenda 2014 0902 CS+RG
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\City Clerk\City Council\Agenda Packets\2014\Packet 2014 0902
SA Reso 2014-004
(Reference)
Path:
\City Clerk\City Council\Resolutions\2014
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<br />3 <br />The remaining proceeds of the 2014 Bonds will be used to pay the costs of issuing the 2014 <br />Bonds, including the premium on a municipal bond insurance policy and debt service <br />reserve fund surety bond, if required. <br /> <br />The City and the Successor Agency <br /> <br />City and County. The City of San Leandro (the "City"), which comprises approximately <br />15.5 square miles, is located in central Alameda County (the "County"), approximately 20 miles <br />southeast of San Francisco and 35 miles north of San Jose. The City is a well-diversified <br />community with residential, commercial and industrial development within the City. The City is <br />served by Interstate 880 and Interstate 580, connecting freeways to Highway 101 and Interstate <br />5 which run north/south through California. <br /> <br />See “APPENDIX G – Supplemental Information – City of San Leandro.” <br /> <br />Former Agency. The Former Agency was a redevelopment agency with all of the <br />powers vested in such entities under the Community Redevelopment Law (which is referred to <br />in this Official Statement as the “Redevelopment Law”). The City Council of the City was the <br />governing board of the Former Agency. <br /> <br />Dissolution Act. On June 29, 2011, Assembly Bill No. 26 (“AB 1X 26”) was enacted <br />together with a companion bill, Assembly Bill No. 27 (“AB 1X 27”). The provisions of AB 1X 26 <br />provided for the dissolution of all redevelopment agencies statewide as of February 1, 2012. <br />The provisions of AB 1X 27 permitted redevelopment agencies to avoid such dissolution by the <br />payment of certain amounts. A lawsuit was brought in the California Supreme Court, California <br />Redevelopment Association, et al., v. Matosantos, et al., 53 Cal. 4th 231 (Cal. Dec. 29, 2011), <br />challenging the constitutionality of AB 1X 26 and AB 1X 27. On December 19, 2012, the <br />California Supreme Court largely upheld AB 1X 26, invalidated AB 1X 27, and held that AB 1X <br />26 may be severed from AB 1X 27 and enforced independently. As a result of AB 1X 26 and <br />the decision of the California Supreme Court in the California Redevelopment Association case, <br />as of February 1, 2012, all redevelopment agencies in the State were dissolved, including the <br />Former Agency, and successor agencies were designated as successor entities to the former <br />redevelopment agencies to expeditiously wind down the affairs of the former redevelopment <br />agencies. <br /> <br />The primary provisions enacted by AB 1X 26 relating to the dissolution and wind down of <br />former redevelopment agency affairs are found in Parts 1.8 (commencing with Section 34161) <br />and 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code of the <br />State, as amended on June 27, 2012 by Assembly Bill No. 1484 (“AB 1484”), enacted as <br />Chapter 26, Statutes of 2012 (as amended from time to time, the “Dissolution Act”). <br /> <br />Successor Agency. Pursuant to Section 34173 of the Dissolution Act, the City acts as <br />the Successor Agency to the Former Agency. Subdivision (g) of Section 34173 of the <br />Dissolution Act, added by AB 1484, expressly affirms that the Successor Agency is a separate <br />public entity and legal entity from the City, that the two entities shall not merge, and that the <br />liabilities of the Former Agency will not be transferred to the City nor will the assets of the <br />Former Agency become assets of the City. <br />
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